James Marson
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 |
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