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CJEU judgment, Case C-368/16 – 13 July 2017, in Assens Havn v. Navigators Management (UK) Limited – Jurisdiction in insurance matters – interpretation of point 5 of Article 13 and point 2(a) of Article 14 of Council Regulation (EC) No 44/2001 – Injured person’s right to bring legal proceedings directly against the insurer of the person responsible for an accident — Agreement on jurisdiction concluded between the insurer and the party which caused the damage not binding

The European Court of Justice (Eighth Chamber), in the Case C‑368/16, Assens Havn v. Navigators Management (UK) Limited (Request for a preliminary ruling under Article 267 TFEU from the Højesteret (Supreme Court, Denmark), made by decision of 20 June 2016, received at the Court on 6 July 2016), ruled that:

  • Point 5 of Article 13 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, considered in conjunction with Article 14, point 2(a), thereof, must be interpreted as meaning that a victim entitled to bring a direct action against the insurer of the party which caused the harm which he has suffered is not bound by an agreement on jurisdiction concluded between the insurer and that party.

Full text decision

Updated: July 13, 2017 — 3:29 pm

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