Judgment of the Court (Sixth Chamber) of 15 November 2018 (request for a preliminary ruling from the Augstākā tiesa — Latvia) — ‘BTA Baltic Insurance Company’ AS, formerly ‘Balcia Insurance’ SE v ‘Baltijas Apdrošināšanas Nams’ AS

(Case C-648/17) (1)

((Reference for a preliminary ruling - Compulsory insurance against civil liability in respect of the use of motor vehicles - Directive 72/166/EEC - Article 3(1) - Concept of ‘use of vehicles’ - Accident involving two vehicles parked in a car park - Material damage to a vehicle caused by a passenger from a neighbouring vehicle opening the vehicle door))

(2019/C 16/31)

Language of the case: Latvian

Referring court

Augstākā tiesa

Parties to the main proceedings

Applicant:‘BTA Baltic Insurance Company’ AS, formerly ‘Balcia Insurance’ SE

Defendant:‘Baltijas Apdrošināšanas Nams’ AS

Operative part of the judgment

Article 3(1) of Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability, must be interpreted as meaning that the concept of ‘use of vehicles’, set out in that provision, covers a situation in which the passenger of a vehicle parked in a car park, in opening the door of that vehicle, scraped against and damaged the vehicle parked next to it.

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(1)  OJ C 72, 26.2.2017.