Keywords
Summary

Keywords

Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation No 44/2001 – Jurisdiction in insurance matters

(Council Regulation No 44/2001, Arts 9(1)(b) and 11(2))

Summary

The reference in Article 11(2) of Regulation No 44/2001 on jurisdiction and the enforcement of judgments in civil and commercial matters to Article 9(1)(b) of that regulation must be interpreted as permitting the injured party to bring an action directly against the insurer before the courts for the place in a Member State where that injured party is domiciled, provided that a direct action is permitted and the insurer is domiciled in a Member State. Such reference leads to a widening of the scope of the rule of jurisdiction of the courts for the place where the plaintiff is domiciled laid down by Article 9(1)(b) of the said regulation to categories of plaintiff acting against the insurer other than the policy holder, the insured or the beneficiary of the insurance contract, without moreover, the nature of the direct action by the injured party against the insurer in national law being of relevance for such application. That interpretation is also based on the purpose of the regulation, which aims to guarantee more favourable protection to the weaker party than the general rules of jurisdiction laid down by Regulation No 44/2001 provide for.

(see paras 26, 28, 30-31, operative part)