ECJ: Third-Party Liability for E-Bikes?

Dec 1, 2023 Benn-Ibler Rechtsanwälte

Bicycles with their e-motor only used to assist in pedalling, and a boost function that can only be activated by muscular effort do not fall within the definition of ‘vehicle’ as used in the EU’s Motor Insurance Directive.

The original case before a Belgian court concerned the determination of a possible claim for compensation. A cyclist on a bicycle with electric assistance was the victim of a serious accident with a car on a public road in Belgium and later died from his injuries. The classification of the bicycle proved to be problematic in the court proceedings. It was questionable whether the bicycle with electric assistance could be considered a vehicle. This was relevant because under Belgian law, a ‘vulnerable road user’, i.e. a cyclist, is automatically entitled to compensation, whereas a driver of a motor vehicle is not.

As the term ‘vehicle’ in Belgian law corresponds to the term in the European Motor Insurance Directive, the Belgian court asked the European Court of Justice (ECJ) to interpret the term by way of a preliminary ruling.

The ECJ has now ruled on this as follows:

In everyday language, the term ‘motor vehicle liability insurance’ refers to liability insurance for transport with vehicles such as cars or trucks which are powered exclusively by mechanical means.

Vehicles that are not exclusively mechanically driven, such as electrically assisted bicycles that can accelerate to a maximum speed of 20 km/h without pedalling, are not capable of causing personal injury or property damage to third parties comparable to that caused by a passenger car.

According to the ECJ, the aim of the Directive, i.e. the protection of victims of road accidents caused by motor vehicles, has been achieved. Therefore, it is not necessary to include bicycles with electric assistance in the scope of the Directive.

Press release no. 155/23 on ECJ C-286/22 (12 October 2023)