Case number and/or case name
LG Hamburg, 28.4.2006 – 331 O 109/05
Details of the court
Germany, First Instance
Articles referred to by the court
Brussels I
Article 9
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Paragraph 1
SubParagraph c
Date of the judgement
27 April 2006
CJEU's case law cited by the court
Summary
The parties argued on claims from an insurance contract. The plaintiff domiciled in Germany claimed for damages because of a car accident in Great Britain.
The German court had to examine whether it was internationally competent. It held that the injured person wasn’t allowed to bring an action before the courts of the Member State he was domiciled pursuant to Art. 11 (2), 9 (1) (b) Brussels I. Therefore the court denied the international jurisdiction of German courts.
The decision isn’t correct given the CJEU judgment in C-463/06 (Odenbreit) where the Court stated that 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. The court should have initiated preliminary proceedings before the CJEU.