EUPillar OLG Nürnberg, 10.4.2012 − 3 U 2318/11

Summary

The claimant is owner of a bus company. The defendant is the injuring party’s insurer. The parties argue about the international jurisdiction of German courts in a damage claim concerning a traffic accident in Italy. The lower instance Court has separated the question of international jurisdiction from the issue of damage recovery. The defendant submitted the opinion, that an isolated claim against an accident insurer without charging the perpetrator was inadmissible as they would have to be sued as compulsory joinder of parties. Otherwise, there would be the risk of inconsistent decisions. According to Art. 18 Rome-II-Regulation, a person having suffered damage may bring his or her claim directly against the insurer of the person liable to provide compensation if the law applicable to the non-contractual obligation or the law applicable to the insurance contract so provides. Under Italian law, there is such possibility to bring a claim directly against the insurer. Furthermore the court stated that the Brussels-I-Regulation expressly facilitates the possibility of direct claims against indemnity insurances in Art. 9 (1) b) in conjunction with Art. 11 (2) Brussels-I-Regulation. Therefore, the Court decided to exercise jurisdiction over the damage claim.