Source: All England Reporter
Publisher Citation: [2018] All ER (D) 149 (Jan)
Court: Court of Justice of the European Union (Eighth Chamber)

Judges Malenovsky (President of the Chamber), Svaby (Rapporteur) and Vilaras

Judgment Dates: 31 January 2018


European Union - Jurisdiction - Civil and commercial matters

The Case

European Union Jurisdiction. Article 13(2) of Regulation (EU) No1215-2012, read in conjunction with art 11(1)(b) of that regulation, should be interpreted as meaning that it could not be relied on by a natural person, whose professional activity consisted, among other things, in recovering claims for damages from insurers and who relied on a contract for the assignment of a claim concluded with the victim of a road accident, to bring a civil liability action against the insurer of the person responsible for that accident, which had its registered office in a member state other than the member state of the place of domicile of the injured party, before a court of the member state in which the injured party was domiciled. The Court of Justice of the European Union so held in proceedings concerning an insurance claim brought by the applicant, to whom the claim had been assigned, against an insurance company (established in Germany) before the Polish courts.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.