Zmiany w rozumieniu pojęcia ruchu pojazdu pod wpływem orzeczenia TSUE w sprawie C-514/16 Rodrigues de Andrade
Changes in the Concept of Use of Vehicles under the Influence of the CJEU C-514/16 Rodrigues de Andrade Judgment

Summary/Abstract: The article presents a change in the understanding of the concept of use of vehicles which occurred in Polish case-law following the CJEU’s judgment in Case C-514/16 Rodrigues de Andrade. In its decision, the Court holds that a vehicle is in motion only if it is used as a means of transport and not as a production tool. This view is contrary to the previous line of Polish judicature, according to which the vehicle may be in use regardless of the function it performs at the time of the incident. According to the author, it is not necessary to modify the existing case-law in this respect. The judgment of the CJEU does not impose the necessity to narrow down the concept of use of vehicles, as it merely sets a minimum standard of insurance cover. There are therefore no obstacles to a broader interpretation of this notion under Polish law in comparison to the CJEU’s decision.

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