EUPillar Axa Insurance Co. Roj: SAP PO 1255/2014

Summary

Applicable law dispute on the basis of Rome II Regulations provisions. Matter of the case: damages caused in a car accident in Portugal between a vehicle insured by a Portuguese company and another insured by a Spanish one. A first instance Spanish court decided that the law applicable to the case was Spanish law. Compensation is allowed to the three victims of the accident. Liberty, the Spanish insurance company, appeals. Court decision: the appeal is rejected by the court. Even though Portuguese law should be the law applicable according to art. 4.1 of Rome II Regulation, the court estimates that foreign law has not been sufficiently accredited during the proceedings and therefore, Spanish law must be applicable. The court takes into account the general rule on torts and delicts concerning the law applicable to a non-contractual obligation arising out of a tort/delict (law of the country in which the damage occurs irrespective of the country in which the event giving rise to the damage occurred and irrespective of the country or countries in which the indirect consequences of that event occur). Nevertheless this provision is finally underestimated by the court in order to decide. Appeal history: Court decision: Juzgado de 1ª Instancia núm. 7 de Vigo. Spain. Date:13-07- 2012