Judgment No. 10/2024 of the Portuguese Supreme Court, dated 15 July 2024, concerns an insurer’s right of recourse against its insured. The proceedings arose from a road traffic accident involving the insured, who was driving a motor vehicle under the influence of cannabis, resulting in the death of a passenger. The insurer compensated the injured parties for the damages suffered but sought to recover the amounts paid from its insured, on the grounds that he was responsible for the accident by reason of driving under the influence of cannabis.

The Portuguese Supreme Court held that the mere presence of this substance is not, in itself, sufficient to establish that it was the determining cause of the accident. The mere presence of cannabinoids in a concentration below the statutory legal limit is insufficient to establish the driver's liability and, consequently, the insurer's right of recourse.