Strani pravni život (Jan 2018)
Notion of use of motor vehicle in Slovenian court practice
Abstract
Domestic regulations, same as the Slovenian law and European Union directives, prescribe that damage occurred due to use of motor vehicle, should be covered by compulsory motor liability insurance. However, regulations do not define the notion of use of motor vehicle. It is a legal standard and its meaning is determined by court practice. The judgement of the Court of Justice of the European Union in the case Vnuk vs Triglav, made immediate effect on the legal approach of the Slovenian courts. After this judgement, the Slovenian courts have accepted broader meaning of the concept of use of motor vehicle. Now the courts by the mentioned concept consider use of motor vehicle which is in accordance with the normal function of the vehicle. Damages, which would not have been covered by motor liability insurance under the old court approach in Slovenia, are now covered by insurance in accordance with actual court practice. Current Slovenian practice, besides being harmonized with European Court's practice, also seems to be rightful from the point of view of the injured party. By accepting the interpretation of the concept of the use of vehicle given by Court of Justice of the European Union, Serbian courts would contribute to the harmonization of domestic law with the law of the European Union. Recent Slovenian court practice could be example for Serbian courts. Following this example would be in the interest of European integration process, as well as in the interest of the injured parties.
