On 15 May 2019 the Polish referring court – Sąd Rejonowy w Ostrowie Wielkopolskim – lodged a request for a preliminary ruling by the Court of Justice of the European Union (case C-383/19).
The Court presented two referred questions:
- Must Article 3 of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability, be interpreted as meaning that the obligation to take out civil liability motor insurance extends even to situations in which a local government authority — a district — has acquired, on the basis of a court decision, title to a vehicle which is not capable of being driven, is on private property in the form of a guarded car park not on the public highway, and is to be destroyed in accordance with the wishes of its owner?
- Or must it be interpreted as meaning that, in such circumstances, the local government authority, as the owner of the vehicle, is not obliged to take out insurance, without prejudice to the liability of the fund towards injured third parties?
In the case a local government unit is the applicant and the Polish Insurance Guarantee Fund is the defendant.
