PIL instrument(s)

Case number and/or case name

BGH, 26/9/2006 – VI ZR 200/05

Details of the court

Germany, Third Instance

Articles referred to by the court

Date of the judgement

25 September 2006

Appeal history

CJEU's case law cited by the court

Summary

The parties argued on claims regarding an insurance contract. The courts had to examine their international jurisdiction. The Federal Court of Justice made a preliminary reference to the CJEU regarding the interpretation of Art. 9 (1) (b), 11(2) Brussels I: Is the reference to Article 9(1)(b) in Article 11(2) to be understood as meaning that the injured party may bring an action directly against the insurer in the courts for the place in a Member State where the injured party is domiciled, provided that such a direct action is permitted and the insurer is domiciled in a Member State? The CJEU answered the question in C-463/06 (Odenbreit): The reference in Article 11(2) Brussels I to Article 9(1)(b) of that regulation is 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.