Agostinho da Silva Martins v Dekra Claims Services Portugal SA 31/1/19 (EC)

The Court of Justice decided questions on the law applicable to a road traffic accident which occurred in Spain with cars insured under different jurisdictions for insurance liability purposes. The questions related to the insurance obligation to pay compensation where there was a conflict of law with respect to limitation periods of either 1 year or 3 years for insurers in the two different Member States. It was ruled that the ‘overriding mandatory provision’ must be where the accident occurred, under Article 16 of the Rome II Regulation, to be interpreted as the national provision.