Case number and/or case name
Axa. Federal Republic of Germany vs. Axa- Insurance Companynum. 427/2013 .
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
17 December 2013
CJEU's case law cited by the court
Summary
The matter of the case is an applicable law dispute in Spain on the basis of Rome II Regulation provisions.
Key facts: responsibility claim for the damages (payment of salaries) derived from a car accident suffered by an employee of the Federal Republic of Germany in Spain.
Axa is the insurance company of the driver responsible for the accident in Spain.
The Federal Republic of Germany appeals against a first instance court decision that applied Spanish law to the case. The German authorities allege the application of German law on the base of art. 18 of Rome II Regulation. German law recognises the employees´ right to be compensated with the payment of salaries.
Court decision: the appeal is rejected by the court. The law applicable to the case is Spanish law and this one does not include the payment of salaries as part of the victim’s compensation.
The court only makes a generic reference to the application of Rome II Regulation provisions in order to decide on the case.
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia núm. 11 de Palma. Spain. (first instance).
Date: 08-03-2013