FIDELIDADE-COMPANHIA DE SEGUROS SA v CAISSE SUISSE DE COMPENSATION

摘要

"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. The extent of the liability covered and the terms and conditions of the cover shall be determined on the basis of these measures." "Each Member State shall take the necessary measures to ensure that any statutory provision or any contractual clause contained in an insurance policy issued in accordance with art.3(l) of Directive 72/166, which excludes from insurance the use or driving of vehicles by: 1.persons who do not have express or implied authorisation thereto, or 2.persons who do not hold a licence permitting them to drive the vehicle concerned, or 3.persons who are in breach of the statutory technical requirements concerning the condition and safety of the vehicle concerned, shall, for the purposes of art.3(l) of Directive 72/166, be deemed to be void in respect of claims by third parties who have been victims of an accident. However the provision or clause referred to in the first indent may be invoked against persons who voluntarily entered the vehicle which caused the damage or injury, when the insurer can prove that they knew the vehicle was stolen."