|
3.7.2010 |
EN |
Official Journal of the European Union |
C 179/11 |
Judgment of the Court (Fourth Chamber) of 20 May 2010 (reference for a preliminary ruling from the Okresní soud v Chebu — Czech Republic) — Česká podnikatelská pojišťovna as, Vienna Insurance Group v Michal Bilas
(Case C-111/09) (1)
(Regulation (EC) No 44/2001 - Action brought by an insurer before the court of its place of domicile seeking the payment of an insurance premium by the policyholder, domiciled in a different Member State - Appearance of the defendant entered before the court seised - Jurisdiction not contested and defence as to substance - Entering an appearance conferring jurisdiction)
(2010/C 179/17)
Language of the case: Czech
Referring court
Okresní soud v Chebu
Parties to the main proceedings
Applicant: Česká podnikatelská pojišťovna as, Vienna Insurance Group
Defendant: Michal Bilas
Re:
Reference for a preliminary ruling — Okresní soud v Cheb — Interpretation of Articles 13(1), 24 and 26 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1) — Jurisdiction in insurance matters — Action seeking the payment of an insurance premium by the policyholder, domiciled in a different Member State from the insurer — Defence of the policyholder’s case as to substance in the forum of the insurer’s domicile.
Operative part of the judgment
Article 24 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that the court seised, where the rules in Section 3 of Chapter II of that regulation were not complied with, must declare itself to have jurisdiction where the defendant enters an appearance and does not contest that court’s jurisdiction, since entering an appearance in that way amounts to a tacit prorogation of jurisdiction.