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ECJ ruling on e-bikes

Due to a tragic incident, the ECJ recently had to decide whether e-bikes should legally be classified as bicycles or motor vehicles. In the underlying facts, a cyclist had collided with a car and subsequently succumbed to his injuries. The family sought damages. The amount of the damages on the accident constellation, so cyclists receive more compensation under Belgian Law, for example. Therefor, the ECJ had to assess whether the e-bike should be classified as a motor vehicle or as a simple bicycle in order to correctly determine the amount. Following the ECJ in its decision, motor vehicles are only those vehicles that can be propelled by mechanical power alone. In the case of e-bikes, however, the mechanical power is only intended to provide assistance. The Court further justifies its decision with the potential for damage. The e-bike is by far not as likely as a motor vehicle to cause such accidents. Consequently, the courts will have to follow this ruling in the future, so that the e-bike riders will no longer be able to claim for their damages and accidents through a motor vehicle insurance policy. Instead, they will need to take out a separate insurance policy.
Nevertheless, it goes without saying that no risk should be taken in road traffic and that one should always move cautiously and indulgently in road traffic.