Smith v Meade and others

European Union – Insurance. EU law, in particular art 288 of the Treaty on the Functioning of the European Union should be interpreted as meaning that a national court, hearing a dispute between private persons, which found that it was unable to interpret the provisions of its national law that were contrary to a provision of a directive that satisfied all the conditions required for it to produce direct effect in a manner that was compatible with that provision, was not obliged, solely on the basis of EU law, to disapply those provisions of national law and a clause to be found, as a consequence of those provisions of national law, in an insurance contract. The Court of Justice of the European Union so held in proceedings concerning compensation for injuries suffered by the applicant as a result of a road traffic accident involving a vehicle driven by the first respondent, owned by the second respondent and insured by the third respondent insurance company.

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