Case number and/or case name
LG Düsseldorf, 26.09.2011 - 9 O 209/10
Details of the court
Germany, First Instance
Articles referred to by the court
Brussels I
Article 9
Paragraph 1
SubParagraph a
Date of the judgement
25 September 2011
CJEU's case law cited by the court
Summary
The parties – the damaged German person as claimant and the indemnity insurance of the Hungarian tortfeasor as defendant – argue about the recovery of damages arisen from a traffic accident in Hungary. The respondents’ liability for damages is uncontended but the respondent disputes the jurisdiction of German courts.
The Court exercised jurisdiction in accordance with Art. 11 (2) and Art. 9 (1b) of the Brussels-I-Regulation, which establish a plaintiffs’ venue for insurance cases. The Court was therefore competent in this matter.
As Hungary had not entered the 1971 Hague Convention on the law applicable to traffic accidents, the Court applied the lex loci damni principle of Art. 4 (1) Rome-II-Regulation and therefore Hungarian law. The Court granted the damage claim.