Churchill Insurance Company Limited v Benjamin Wilkinson and Tracy Evans v Equity Claims Limited (C-442/10)

Judgment of 1 Dec 2011

law://eu/cjeu/2010/c-442-10/para_27@2026-11-13

27In that regard, it must be borne in mind that EU rules relating to civil liability in respect of the use of motor vehicles are designed to ensure the free movement of vehicles normally based on EU territory and of persons travelling in those vehicles and to guarantee that the victims of accidents caused by those vehicles receive comparable treatment irrespective of where in the EU the accident has occurred (see, inter alia, Case C-129/94 Ruiz Bernáldez [1996] ECR I-1829, paragraph 13, and Case C-537/03 Candolin and Others [2005] ECR I-5745, paragraph 17). They also seek, as set out in the fifth recital in the preamble to the Third Directive, to protect that particularly vulnerable category of potential victims who are motor vehicle passengers by filling the gaps in the compulsory insurance cover of those passengers in certain Member States (Case C-356/05 Farrell [2007] ECR I-3067, paragraph 24).

Churchill Insurance Company Limited v Benjamin Wilkinson and Tracy Evans v Equity Claims Limited (C-442/10)

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