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

Marson, James; Ferris, Katy

Abstract

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.

Citation

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. https://doi.org/10.1111/1468-2230.12466

• 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
• DOI: https://doi.org/10.1111/1468-2230.12466
• 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.
• Public URL: https://nottingham-repository.worktribe.com/output/2179928
• Publisher URL: https://onlinelibrary.wiley.com/doi/full/10.1111/1468-2230.12466
• Additional Information: Published: 2019-08-23
• Contract Date: Jun 12, 2019