JUDGMENT OF THE COURT

(First Chamber)

of 30 June 2005

in Case C-537/03: Reference for a preliminary ruling from the Korkein Oikeus in Katja Candolin and Others. v Vahinkovakuutusosakeyhtiö Pohjola and Others (1)

(Compulsory motor vehicle insurance - Directives 84/5/EEC and 90/232/EEC - Rules on civil liability - Passenger's contribution to the loss or injury - Refusal or limitation of the right to compensation)

(2005/C 205/05)

Language of the case: Finnish

In Case C-537/03: reference for a preliminary ruling under Article 234 EC from the Korkein Oikeus (Finland), made by decision of 19 December 2003, received at the Court on 22 December 2003, in the proceedings between Katja Candolin, Jari-Antero Viljaniemi, Veli-Matti Paananen against Vahinkovakuutusosakeyhtiö Pohjola, Jarno Ruokoranta, the Court (First Chamber), composed of P. Jann, President of the Chamber, K. Lenaerts, J.N. Cunha Rodrigues (Rapporteur), E. Juhász and M. Ilešič, Judges; L.A. Geelhoed, Advocate General; H. von Holstein, Deputy Registrar, for the Registrar, gave a judgment on 30 June 2005, in which it ruled:

In circumstances such as those in the main proceedings, Article 2(1) of Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and Article 1 of Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, preclude a national rule which allows the compensation borne by the compulsory motor vehicle insurance to be refused or limited in a disproportionate manner on the basis of the passenger's contribution to the injury or loss he has suffered. The fact that the passenger concerned is the owner of the vehicle the driver of which caused the accident is irrelevant.

(1)  OJ C 59 of 06.03.2004