Who will pay for off-road vehicle accidents, asks Sarah Crowther
In Vnuk v Zavarovalnica Triglav d.d, Case C-162/13 o n 13 August 2007, Mr Vnuk was working in a farmyard, on a ladder, when the ladder was struck by a trailer coupled to a tractor reversing across the yard in order to deliver hay bales to the nearby barn. He fell from the ladder, sustaining injury. He later brought proceedings before the Slovenian courts for compensation in a sum just short of €16,000 for his loss and damage.
The Slovenian courts dismissed his claim, on the basis that the requirement for compulsory insurance was limited to use of the tractor and trailer as a vehicle for road use and did not extend to cover situations where the use was as a machine or propulsion device.
The Slovenian appeal court referred the case to the Court of Justice of the European Union (CJEU), noting that the domestic legislation intended to implement Art 3(1) of Council Directive 72/166/EEC of
