REVIEW OF THE JUDGMENT OF THE EUROPEAN COURT OF JUSTICE IN THE CASE: FUNDO DE GARANTIA AUTOMÓVEL V ALINA ANTÓNIA DESTAPADO PÃO MOLE JULIANA, CRISTIANA MICAELA CAETANO JULIANA

In this case, the judgment of the European Court of Justice relates to the obligation in respect of arranging the insurance cover for a motor vehicle that the owner no longer intended to use and that was parked on a private property, i.e. to the right of the Guarantee Fund to recourse against the vehicle owner who failed to insure the vehicle, since he no longer intended to use it. Similar to the cases of Vnuk, Andrade and Torreiro, the court again faced the issue of the limits of the broadly set definition from the EU Directives, namely the issue as to what was deemed the “intended use” of a road vehicle and whether the definition of the term “intended use” should be construed following the subjective or objective criteria. An additional issue arose of the right to recourse of the Guarantee Fund against the party that was liable to have insured the vehicle, but was not responsible, in terms of civil law, for the accident or damage occurred.