Judgment of the Court (Fifth Chamber) of 20 May 2021 (request for a preliminary ruling from the Sąd Rejonowy dla Łodzi — Poland) — K.S. v A.B.

(Case C-707/19) (1)

(Reference for a preliminary ruling - Insurance against civil liability in respect of the use of motor vehicles - Directive 2009/103/EC - Article 3 - Compulsory cover of damage to property - Scope - Legislation of a Member State limiting the obligation to cover the costs of towing a vehicle involved in an accident to the costs incurred in the territory of that Member State and limiting the costs of parking to those made necessary by reason of a criminal investigation or for any other reason)

(2021/C 278/08)

Language of the case: Polish

Referring court

Sąd Rejonowy dla Łodzi

Parties to the main proceedings

Applicant: K.S.

Defendant: A.B.

Operative part of the judgment

Article 3 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, must be interpreted:

—

as precluding a provision of a Member State under which compulsory insurance against civil liability in respect of the use of motor vehicles covers compulsorily damage consisting of the costs of towing the damaged vehicle only in so far as that towing takes place in the territory of that Member State. That finding is without prejudice to the right of that Member State to limit the reimbursement of the costs of towing, without using criteria relating to its territory; and

—

as not precluding a provision of a Member State under which that insurance covers compulsorily damage consisting of the costs of parking the damaged vehicle only if that parking was necessary in connection with a criminal investigation or for any other reason, provided that that limitation of cover applies without any difference in treatment depending on the Member State of residence of the owner or holder of the damaged vehicle.

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(1)  OJ C 27, 27.1.2020.