PIL instrument(s)

Case number and/or case name

OLG Nürnberg, 10.4.2012 – 3 U 2318/11

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

09 April 2012

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about claims resulting from an insurance contract. It was doubtful whether German courts had international jurisdiction. The court held that the international jurisdiction regarding a direct action against a foreign insurer wasn’t contrary to the fact that according to foreign (here: Italian) law a direct claim against the insurer solely could be performed in connection with an action against the injuring party. The court’s interpretation is in accordance with the CJEU jurisdiction in C-463/06 (Odenbreit). A differing interpretation would be contrary to the objective of the guidelines stated in that judgment. The judgment therefore is correct.