PIL instrument(s)

Case number and/or case name

AG Blomberg, 6.10.2005 – 4 C 373/04

Details of the court

Germany, First Instance

Articles referred to by the court

Date of the judgement

05 October 2005

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about damage claims regarding an insurance contract. The plaintiff was domiciled in Germany, the defendant was a British insurance company. The car accident occurred in Scotland. The court held that German courts weren’t internationally competent pursuant to Art. 9 (1) (b), 11 (2) Brussels I because the plaintiff couldn’t be considered as the policyholder, the insured or the beneficiary. The judgment can’t be considered correct given the CJEU jurisdiction 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, provided that such a direct action is permitted and the insurer is domiciled in a Member State.