12-07-2016 10:30
Limitation periods for road traffic accidents: The state of play and the way forward

ASP 3E2
Poster
Poster

On 12 July 2016, the Committee on Legal Affairs held a public hearing on limitation periods for road traffic accidents in the EU. This hearing was related to the legislative initiative report (rapporteur: Pavel Svoboda) on the same topic (2015/2087 (INL)). More than 8 years have passed since Parliament’s resolution on ‘Limitation periods in cross-border disputes involving personal injuries and fatal accidents’ (2006/2014 (INL)), and despite relevant public consultations and studies,

the Commission has not yet prepared a specific legislative proposal.

Limitation periods for tort claims vary widely between the Member States. In cross-border accidents, the time limits applicable for instituting a claim are determined based on the law of the Member State where the accident occurred, in accordance with the Rome II Regulation (Article 15).

This hearing brought together Members of the European Parliament and a number of experts, practitioners, academics and stakeholders. It also offered the possibility to present the findings of a recent European Added Value Study regarding the policy options and the scope of EU competences to create common standards for road traffic accidents in the EU. The Commission, personal injury and insurance lawyers, insurance and road traffic accidents associations offered their views on this matter.