PIL instrument(s)
Brussels I
Case number and/or case name
I ACz 1066/14 (SA w Poznaniu)
Details of the court
Poland, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b Indent 1
Paragraph 1 SubParagraph b Indent 2
Paragraph 3
Article 9
Paragraph 1 SubParagraph b
Article 11
Paragraph 1
Paragraph 2
Date of the judgement
27 August 2014
Appeal history
None
CJEU's case law cited by the court
None
Summary
The court of first instance rejected the application for damages filed against the insurer on the basis of Art. 11 par. 2 of the Brussels I Regulation and stated that the action can be brought against the insurer only if such direct actions are permitted under applicable law. The court of second instance agreed with this argument and pointed out that Polish courts shall have no jurisdiction under this provision because the action against the insurer is not provided for by the law applicable. Austrian law, is applicable according to the provisions of the Rome II regulation.

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