Brussels, 23/01/2014 (Agence Europe) - On Thursday 23 January in case C-371/12, the European Court of Justice ruled that the Italian limitation of compensation payable for non-material damage resulting from minor physical injuries caused by road traffic accidents is in accordance with EU Directives 72/166/EEC and 84/5/EEC on insurance for road accidents.
The Court of Justice was responding to a question submitted by the Tivoli General Court in Rome about an Italian law applying stricter criteria for minor injuries for road or ferry accidents than for other kinds of accident. The scheme in question lays down restrictions in comparison with the assessment criteria applied to damage arising from other types of accidents and limits the court's discretion to increase the amount of compensation in view of the circumstances of the case, restricting such an increase to one fifth of the amount provided for. Moreover, the Italian legislation rules that the civil liability of the insured person cannot exceed the amounts covered by compulsory insurance.
The Court of Justice points out that EU law requires the member states to ensure that civil liability in respect of the use of vehicles normally based in their territory is covered by insurance. That obligation to ensure insurance cover is distinct from the extent of the compensation to be paid, which is determined and governed mainly by national law. The directives at issue do not seek to harmonise the rules of the member states governing civil liability and, in principle, the member states remain free to determine which damage is to be compensated, the extent of such compensation and the persons who are entitled to it. Nevertheless, the coverage of some types of damage, including physical and psychological damage, must not be less than the minimum amounts laid down in the EU rules.
The Court of Justice points out that the compensation laid down in Italian legislation is not below the levels laid down in EU law and the restrictions imposed in Italian law do not automatically exclude or disproportionately limit the victim's right to compensation and therefore the Italian rules comply with the directives in question. (FG/transl.fl)