43The Court concluded that the same aim of protecting victims also requires the legal position of the person who was insured to drive a vehicle but who was, at the time of an accident, a passenger in that vehicle, to be the same as that of any other passenger who is a victim of the accident and that, consequently, the fact that a person was insured to drive the vehicle which caused the accident does not mean that that person should be excluded from the concept of ‘third parties who have been victims’ within the meaning of Article 2(1) of the Second Directive, in so far as he was a passenger in that vehicle (judgment of 1 December 2011, Churchill Insurance Company Limited and Evans, C‑442/10, EU:C:2011:799, paragraphs 31 and 32).
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