W pułapce braku ochrony. Obrona szerokiego pojęcia ruchu pojazdu na gruncie przepisów o ubezpieczeniu OC posiadaczy pojazdów mechanicznych
Trapped by the lack of protection. Defence of the broad concept of vehicle motion

Summary/Abstract: Judgement of Court of Justice of the European Union in Rodriguez de Andrade caused the controversies regarding the notion of motion of vehicle. The controversies arose also in the judicature of the Polish Supreme Court, which earlier understood the motion of the vehicle more broadly regardless of the func- tion played by a vehicle at the moment of accident. According to the author the Supreme Court shall not change its well established line of judicature. Rodriguez de Andrade judgement prevents the courts of the member states of the European Union to narrow down the notion of the motion of the vehiclein comparison to the notion adopted by CJEU, but it does not prevent to understand it more widely, be- cause the aim of the European Directives on motor civil liability insurance is the protection of victims. Furthermore in Polish conditions there are a lot of arguments supporting the Supreme Court foregoing opinion, among other the relation between the notion of motion of vehicle under Civil Code and under The Act on Compulsory Insurances which according to the author should have tantamount meaning.

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