Pedelecs Do Not Qualify As 'Vehicles' – The ECJ Clarifies.

On 12 October 2023, the European Court of Justice (the "ECJ") responded to a request for preliminary ruling from the Belgian Court of Cassation (the "Referring Court"). The Referring Court's request emanated from civil proceedings between KBC Verzekeringen NV ("KBC") and P&V Verzekeringen CVBA ("P&V"). The main point of contention throughout these proceedings was whether a Pedelec – which is an electric bicycle whose engine is only used to provide either pedalling assistance or a speed boost whilst in motion – constitutes to a 'vehicle' as defined under the EU Directive 2009/103/EC relating to insurance against civil liability in respect of the use of motor vehicles (the "Directive").