EUPillar R.B. and C.D. v. F.C.G.A., O.D., F.G.A.O., Bureau Central Français, E.P., F.P.N.A., J.M., V.D. and U.N.M.S. - 03A8438

Summary

Mr. R.B. and Mrs. C.D., domiciled in Belgium, are the parents of T.B., whom they had left in the care of his grandmother on 31 May 1998, the day T.B. was the victim of an accident. Mr. O.D. was a participant in a motocross race, organised by Mr. E.P. and the ABSL F.P.N.A., which is chaired by Mrs. J.M. The accident occurred when T.B. crossed the circuit and was hit by Mr. O.D.’s motorcycle. To this day, T.B. suffers the consequences of this accident, which took place in Valenciennes (France). Mr. R.B. and Mrs. C.D. claim 10,000 EUR in their own name and 10,000 EUR in name of their son, plus 2,500 EUR provisional damages as well as the appointment of an expert to determine the exact amount of the damages. In its interim judgment of 2 February 2006, the Police Court had already took the following decision on its jurisdiction: In the original writ of summons, the claimants sued FCGA (Fonds commun de garantie automobile - this Fund assumes the role of motor insurance guarantee fund, of compensation body and of information center as defined by Directive 2009/103/E), which is seated in Belgium. It is clear that the proceedings in warranty against the other defendants were not instituted solely with the object of removing them from the jurisdiction of the court which would be competent in their case. The Police Court has jurisdiction to hear the other claims which are closely linked with each other, since they are concerned with the same traffic accident. With respect to the applicable law, the Police Court decides that the Hague Convention of 4 May 1971 on the Law Applicable to Traffic Accidents is not applicable, since the initial proceedings were instituted against the Belgian FCGA Fund. The Court decides that French law is applicable pursuant to Art. 3(1) Belgian Civil Code. SHORT CRITIQUE The Court cites both Art. 6(1) and 6(2) Brussels I in full, but actually only applies Art. 6(2) – third party proceedings.