PIL instrument(s)

Case number and/or case name

OLG Köln, 9.3.2010 – 13 U 119/09

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

08 March 2010

Appeal history

CJEU's case law cited by the court

Summary

The parties argue over the international jurisdiction of German courts regarding a direct action against an insurer. The decision depends on the interpretation of the term ’injured party’ within the meaning of Art. 11(2) Brussels I. In contradiction to the defendant the court states that a lessee or vehicle owner was an ‘injured party’ within the meaning of Art. 11(2) Brussels I. It furthermore rules that a legal person is not exempted from the scope of application of Art. 11(2) Brussels I. It does so in full accordance with various judgments of the CJEU. The court especially refers to the case C-347/08 where the CJEU clarifies the relevant expression. A preliminary ruling is explicitly discussed but is not considered necessary as no reasonable doubt may occur with regard to the correct interpretation of ‘injured party’. The judgment is in accordance with German scientific literature and other courts as no valid reason is found in the wording of Art. 11 (2) Brussels I or its protective purpose to exclude legal persons from the scope of application of Art. 11 (2) Brussels I.