Use of Multifunctional Vehicles. Gloss to the Resolution of
Seven Supreme Court Judges of 14 January 2022, III CZP 7/22 Cover Image

Ruch pojazdów wielofunkcyjnych. Glosa do uchwały składu siedmiu sędziów Sądu Najwyższego z dnia 14 stycznia 2022 r., III CZP 7/22
Use of Multifunctional Vehicles. Gloss to the Resolution of Seven Supreme Court Judges of 14 January 2022, III CZP 7/22

Author(s): Jakub Oleszczak
Subject(s): EU-Legislation, Court case
Published by: Fundacja "Prawo Ubezpieczeniowe"
Keywords: use of motor vehicles; compulsory third-party liability insurance of motor vehicle owners; compensation; motor vehicle accident; Directive 2009/103/EC;

Summary/Abstract: In its resolution the Supreme Court stated that the liability of the insurance company undercompulsory civil liability insurance contract concluded by owners of motor vehicles should coverdamage resulting from the operation of a device installed in the vehicle also where at the timeof the accident, the vehicle is not used as a means of transport. The need for such resolutionarouse from discrepancies in jurisprudence after the publication of the judgment of the Courtof Justice of the European Union in the Rodrigues de Andrade case. The Supreme Court optedfor a broader approach to the use of vehicles, which, in the light of the resolution in question,should not be contingent on the function of the vehicle at the time of the accident. In the au-thor’s opinion, such a standpoint is accurate and should resolve the dispute over the conceptof the use of vehicles, which has fl ared up in the literature and jurisprudence in recent years.

  • Issue Year: 4/2022
  • Issue No: 113
  • Page Range: 90 - 105
  • Page Count: 16
  • Language: Polish
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