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For the Want of Certainty: Vnuk , Juliana and Andrade and the Obligation to Insure

Marson, James; Ferris, Katy


James Marson


In 2014, in the wake of the Court of Justice of the European Union (CJEU) ruling in Case C-162/13 Damijan Vnuk v Zavarovalnica Triglav, the law relating to compulsory motor vehicle insurance began to undergo significant change. Nationally, the requirement for the owner of a motor vehicle to possess insurance cover applies where the vehicle is used on a road or other public place; yet, Vnuk extended the obligation to vehicles on private land. However, beyond disquiet from some sectors as to this extension, there remains uncertainty at statutory and jurisprudential levels. According to Case C-80/17 Fundo de Garantia Automóvel v Juliana, immobilised vehicles stored on private land but which are capable of being driven are subject to compulsory motor vehicle insurance. In Case C‑514/16 Andrade v Crédito Agrícola Seguros, the requirement for compulsory motor vehicle insurance applies only where the vehicle is used as a means of transport. Andrade appears overly restrictive and may operate to defeat the protection the Motor Vehicle Insurance Directives (MVID) have sought to achieve. The co-existence of Juliana and Andrade creates uncertainty. Clarification is needed, through a seventh MVID or direction from the CJEU, as to the continuation of Andrade as a source of authority and to when and in which circumstances motor vehicles must be insured.


Marson, J., & Ferris, K. (2019). For the Want of Certainty: Vnuk , Juliana and Andrade and the Obligation to Insure. Modern Law Review, 82(6), 1132-1145.

Journal Article Type Article
Acceptance Date Jun 10, 2019
Online Publication Date Aug 23, 2019
Publication Date 2019-11
Deposit Date Jun 12, 2019
Publicly Available Date Aug 24, 2020
Journal The Modern Law Review
Print ISSN 0026-7961
Electronic ISSN 1468-2230
Publisher Wiley
Peer Reviewed Peer Reviewed
Volume 82
Issue 6
Pages 1132-1145
Keywords Andrade v Crédito Agrícola Seguros [2018], Damijan Vnuk v Zavarovalnica Triglav [2014], Fundo de Garantia Automóvel v Juliana [2018], motor vehicle insurance, Motor Vehicle Insurance Directives, the obligation to insure, Road Traffic Act 1988.
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Additional Information Published: 2019-08-23


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