September, 2024
road transport
The Court of Justice rules on the national legislation providing that the nullity of an insurance contract may be invoked against a “passenger victim” where it results from an intentional false statement made by that person when the contract was concluded
Directive 2009/103/EC precludes a national legislation under which it is possible to invoke against a passenger of a vehicle involved in a road traffic accident, who is a victim, and where he or she is also the policyholder, the nullity of the contract of insurance against civil liability in respect of the use of motor vehicles resulting from his/her false statement made in concluding that contract as regards the identity of the usual driver of the vehicle concerned