Case number and/or case name
OLG Celle, 27.2.2008 – 14 U 211/06
Summary
The plaintiff, a limited company based in Germany, brought an action for damages. The defendant was an insurance company based in Poland. The plaintiff has had a car accident in Poland with a person insured by the defendant.
The Regional Court denied the international jurisdiction of German courts.
The Higher Regional Court contested the Regional Court’s decision by affirming the international jurisdiction of German courts. It stated that the CJEU judgment (C-463/06) could be transferred to legal entities.
In C-463/06 the CJEU held that the reference in Article 11(2) Brussels I to Article 9(1)(b) was to be interpreted as meaning that the injured party may bring an action directly against the insurer before the courts for the place in a Member State where that injured party is domiciled, provided that such a direct action is permitted and the insurer is domiciled in a Member State.
The wording of Art. 11 Brussels I doesn’t differentiate between legal entities and persons. Insured persons within the meaning of Brussels I can generally be legal entities. However, it is doubtful whether the court’s opinion can be followed regarding its generality. There can be cases where the plaintiff is a legal entity operating globally and having its own unit that regulates damages. In this regard the judgment should have made a more precise differentiation.