Marson and Ferris, ‘For the Want of Certainty: Vnuk, Juliana and Andrade and the Obligation to Insure’

ABSTRACT
In 2014, the Court of Justice of the European Union in Damijan Vnuk v Zavarovalnica Triglav extended the requirement for the owner of a motor vehicle to possess insurance cover where the vehicle is used on a road or other public place to vehicles on private land. Beyond disquiet as to this extension, there remains uncertainty at statutory and jurisprudential levels. According to 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 whereas in Andrade v Crédito Agrícola Seguros, insurance is required only where the vehicle is used as a means of transport. Andrade appears overly restrictive and may operate to defeat the protections of the Motor Vehicle Insurance Directives. Clarification is needed, through a seventh MVID or direction from the CJEU, as to the authority of Andrade and the circumstances in which motor vehicles must be insured.

James Marson and Katy Ferris, For the Want of Certainty: Vnuk, Juliana and Andrade and the Obligation to Insure, Modern Law Review. https://doi.org/10.1111/1468-2230.12466. First published: 23 August 2019.

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