For the want of certainty: Vnuk, Juliana and Andrade and the obligation to insure

MARSON, James and FERRIS, Katy (2019). For the want of certainty: Vnuk, Juliana and Andrade and the obligation to insure. Modern Law Review.

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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.

Item Type:	Article
Uncontrolled Keywords:	1801 Law
Identification Number:	https://doi.org/10.1111/1468-2230.12466
SWORD Depositor:	Symplectic Elements
Depositing User:	Symplectic Elements
Date Deposited:	01 Jul 2019 13:30
Last Modified:	17 Mar 2021 23:33
URI:	https://shura.shu.ac.uk/id/eprint/24782

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