Browsing Tag Directive 2009/103
Road transport. The Court of Justice rules on the concept of “employer’s operational centre where the driver is normally based”
The concept of “employer’s operational centre where the driver is normally based” designates a place from which the driver concerned usually carries out his or her shift and to which he or she returns at the end of that shift, in the normal exercise of his or her functions and without complying with specific instructions from his or her employer in that regard
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
Insurance against civil liability in respect of the use of motor vehicles. The Court of Justice rules on the national legislation providing for the automatic compensation of certain victims of a road accident and on the notion of “vehicle”
The notion of “vehicle”, within the meaning of Point 1 of Article 1 of Directive 2009/103/EC, does not encompass a bicycle whose electric motor provides pedal assistance only and which is equipped with a function allowing the bicycle to accelerate to a speed of 20 km/h without pedalling, a function which may however be activated only after the use of muscular power