(1) In the context of a dispute between, on the one hand, an insurance company, which is subrogated to the rights of a victim to whom it has paid compensation, and, on the other hand, the State, the referring court is required to disapply the provisions of its national law whereby compulsory motor vehicle civil liability insurance does not cover liability for personal injuries to persons travelling in a part of a motor vehicle which has not been designed and constructed with seating accommodation for passengers, such provisions having been found to be contrary to Article 1 of Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles by the judgment of 19 April 2007, Farrell (C‐356/05, EU:C:2007:229).
Sala del Transportador a capitán Kirkeurlex-diff-2018-06-20 eurlex-diff-2018-06-20