PIL instrument(s)

Case number and/or case name

AG Heinsberg, 13.6.2013 – 19 C 151/12

Details of the court

Germany, First Instance

Articles referred to by the court

Date of the judgement

12 June 2013

Appeal history

CJEU's case law cited by the court

Summary

The parties argue about damages arisen from a traffic accident in the Netherlands. The claimant, a German citizen, claims for recovery against the defendant, the indemnity insurance of the Dutch accident perpetrator. The question of fault was uncontended. However, the parties argue about the amount of the recoverable loss. According to Art. 4 (1) Rome-II-Regulation, the law applicable to a non-contractual obligation arising out of tort shall be the law of the country in which the damage occurs, if the parties don’t have their habitual residence in the same country (Art. 4 (2)) or if there is no closer connection to the law of another country (Art. 4 (3)). As there was no closer connection, the Court applied Dutch law. The Court allowed the direct claim against the accident insurer in accordance with Art. 18 Rome-II-Regulation. The Court adjudged the claimed damages to the damaged party and, thus, granted the claim.