KBC Verzekeringen NV v P&V Verzekeringen CVBA.

• Jurisdiction: European Union
• ECLI: ECLI:EU:C:2023:767
• Date: 12 October 2023
• Docket Number: C-286/22
• Celex Number: 62022CJ0286
• Court: Court of Justice (European Union)

Provisional text

JUDGMENT OF THE COURT (Fifth Chamber)

12 October 2023 (*)

(Reference for a preliminary ruling – Insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Point 1 of Article 1 – Concept of a ‘vehicle’ – National legislation providing for the automatic compensation of certain road users who are the victims of a road accident – Person not driving a ‘motor vehicle’ within the meaning of that legislation – Concept equivalent to that of ‘vehicle’ within the meaning of Directive 2009/103 – Bicycle equipped with an electric motor providing pedal assistance, equipped with a boost function which can be activated only after the use of muscular power)

In Case C‑286/22,

REQUEST for a preliminary ruling under Article 267 TFEU from the Hof van Cassatie (Court of Cassation, Belgium), made by decision of 7 April 2022, received at the Court on 28 April 2022, in the proceedings

KBC Verzekeringen NV

v

P&V Verzekeringen CVBA,

THE COURT (Fifth Chamber),

composed of E. Regan, President of the Chamber, Z. Csehi, M. Ilešič, I. Jarukaitis (Rapporteur) and D. Gratsias, Judges,

Advocate General: L. Medina,

Registrar: A. Calot Escobar,

having regard to the written procedure,

after considering the observations submitted on behalf of:

– KBC Verzekeringen NV, by B. Maes, advocaat,

– P&V Verzekeringen CVBA, by J. Verbist, advocaat,

– the Belgian Government, by S. Baeyens, P. Cottin and C. Pochet, acting as Agents,

– the German Government, by J. Möller, P. Busche and M. Hellmann, acting as Agents,

– the Finnish Government, by M. Pere, acting as Agent,

– the European Commission, by A. Nijenhuis and H. Tserepa-Lacombe, acting as Agents,

having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,

gives the following

Judgment

1 This request for a preliminary ruling concerns the interpretation of point 1 of Article 1 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 (OJ 2009 L 263, p. 11).

2 The request has been made in proceedings between KBC Verzekeringen NV (‘KBC’) and P&V Verzekeringen CVBA (‘P&V’) concerning the potential right of an occupational accident insurer, which is subrogated to the rights of a cyclist who was riding an electric bicycle, to receive compensation from the civil liability insurer of the driver of the vehicle involved in the accident which led to the death of that cyclist.

Legal context

European Union law

3 Recital 2 of Directive 2009/103 states:

‘Insurance against civil liability in respect of the use of motor vehicles (motor insurance) is of special importance for European citizens …’

4 Under Article 1 of that directive, headed ‘Definitions’:

‘For the purposes of this Directive:

1. “vehicle” means any motor vehicle intended for travel on land and propelled by mechanical power, but not running on rails, and any trailer, whether or not coupled;

…’

5 Article 3 of that directive, entitled ‘Compulsory insurance of vehicles’, provides, in its first paragraph:

‘Each Member State shall … take all appropriate measures to ensure that civil liability in respect of the use of vehicles normally based in its territory is covered by insurance.’

6 Article 13 of that directive, entitled ‘Exclusion clauses’, provides, in paragraph 1:

‘Each Member State shall take all appropriate measures to ensure that any statutory provision or any contractual clause contained in an insurance policy issued in accordance with Article 3 shall be deemed to be void in respect of claims by third parties who have been victims of an accident where that statutory provision or contractual clause excludes from insurance the use or driving of vehicles by:

…

(b) persons who do not hold a licence permitting them to drive the vehicle concerned;

…’

7 On 24 November 2021, Directive (EU) 2021/2118 of the European Parliament and of the Council amending Directive 2009/103 (OJ 2021 L 430, p. 1) was adopted. Directive 2021/2118 amended, inter alia, point 1 of Article 1 of Directive 2009/103. In accordance with Article 2 of Directive 2021/2118, that amendment is to apply from 23 December 2023.

Belgian law

8 Article 1 of the wet betreffende de verplichte aansprakelijkheidsverzekering inzake motorrijtuigen (Law on compulsory insurance against civil liability in respect of motor vehicles), of 21 November 1989 (Belgisch Staatsblad, 8 December 1989, p. 20122), in the version applicable to the dispute in the main proceedings (‘the Law of 21 November 1989’), contains inter alia the following definition:

‘For the application of this law, the following definitions shall apply:

Motor vehicles: vehicles intended for travel on land and which may be propelled by mechanical power, but not running on rails; anything coupled to the vehicle is considered to be a part thereof.

Trailers constructed specifically to be coupled to a motor vehicle for the purpose of transporting persons or things and which are determined by royal decree shall be treated as motor vehicles. The means of transport falling within the scope of the definition of a motor vehicle may be specified by royal decree deliberated in the Council of Ministers.’

9 Article 29a of that law provides, in paragraphs 1 to 3:

‘1. In the event of a road traffic accident involving one or more motor vehicles, … apart from any material damage and damage suffered by the driver of any motor vehicle involved, all damage suffered by the victims and their successors in title which results from personal injury or death … shall be compensated jointly and severally by the insurers, which, in accordance with the present law, are to cover the liability of the owner, the driver or the keeper of those motor vehicles. This provision shall also apply if the damage was caused intentionally by the driver.

…

2. The driver of a motor vehicle and his or her successors in title cannot rely on the present article, unless the driver acts as the successor in title of a victim who was not the driver and on condition that he or she did not intentionally cause the damage.

3. Motor vehicle should be understood as meaning any vehicle referred to in Article 1 of the present law, with the exception of motorised wheelchairs that may be put into circulation by a disabled person.’

The dispute in the main proceedings and the question referred for a preliminary ruling

10 On 14 October 2017, BV (‘the victim’), who was riding an electric bicycle on a public road, was struck by a car insured by KBC under the Law of 21 November 1989. The victim was seriously injured and died on 11 April 2018. Since that accident constituted, for the victim, a ‘commuting accident’, P&V, his employer’s occupational accident insurer, paid compensation and was subrogated to the rights of the victim and those of his successors in title.

11 P&V brought an action against KBC before the politierechtbank...