Judgment_paragraph 38 · AAS „BTA Baltic Insurance Company”, anciennement „Balcia Insurance” SE v „Baltijas Apdrošināšanas Nams” AS (C-648/17)

38It must be recalled, first, that the fact that the vehicle involved in the accident was stationary when the accident occurred does not, in itself, preclude the use of that vehicle at that time from falling within the scope of its function as a means of transport and, therefore, within the scope of the concept of ‘use of vehicles’ within the meaning of Article 3(1) of the First Directive (judgment of 28 November 2017, Rodrigues de Andrade, C‑514/16, EU:C:2017:908, paragraph 39). The opening of doors is usually only done when vehicles are stationary.