Judgment_paragraph 35 · Churchill Insurance Company Limited v Benjamin Wilkinson and Tracy Evans v Equity Claims Limited (C-442/10)

35It is true that by way of derogation from that obligation, the second subparagraph of Article 2(1) provides that certain persons may be excluded from compensation by the insurer, having regard to the situation they have themselves brought about, that is to say, persons who voluntarily entered the vehicle which caused the damage or injury, when the insurer can prove that they knew the vehicle was stolen (Ruiz Bernáldez, paragraph 21, Candolin and Others, paragraph 20). However, and as the Court has already held, derogations from the first subparagraph of Article 2(1) of the Second Directive may only be made in that single, specific case (see, to that effect, Candolin and Others, paragraph 23).