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 recognition and enforcement of judgments in civil and commercial matters to Article 9(1)(b) thereof must be interpreted as meaning that a social security institution, acting as the statutory assignee of the rights of the party directly injured in a motor accident, may not bring an action directly in the courts of its Member State of establishment against the insurer of the person allegedly responsible for the accident, where that insurer is established in another Member State. In that regard, Section 3 of Chapter II of Regulation No 44/2001 establishes an autonomous system for the conferral of jurisdiction in matters of insurance with the purpose of protecting the weaker party by rules of jurisdiction more favourable to his interests than the general rules provide for. However, a social security institution cannot be considered to be an economically weaker party and less experienced legally than a civil liability insurer, meaning that no special protection is justified in relations between those professionals in the insurance sector.

(see paras 40-43, 47, operative part)