Official Journal of the European Union
Judgment of the Court (Eight Chamber), 21 October 2021 (request for a preliminary ruling from the Sąd Rejonowy dla Krakowa-Śródmieścia w Krakowie, Poland) — T.B. and D. sp. z. o. o. v G. I. A/S
(Case C-393/20) (1)
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction and enforcement of judgments in civil and commercial matters - Regulation (EU) No 1215/2012 - Jurisdiction in insurance matters - Article 11(1)(b) - Article 12 - Article 13(2) - Scope ratione personae - Concept of ‘injured party’ - Professional - Special jurisdiction - Article 7(2))
Language of the case: Polish
Sąd Rejonowy dla Krakowa-Śródmieścia w Krakowie
Parties to the main proceedings
Applicants: T.B. and D. sp. z. o. o.
Defendant: G. I. A/S
Operative part of the judgment
Article 13(2) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, read in conjunction with Article 11(1)(b) of that regulation, must be interpreted as meaning that it cannot be relied on by a company that, in consideration for services that it provided to a party directly injured in a road accident in connection with the damage caused, has acquired a claim for compensation, but does not carry out the professional activity of recovering insurance indemnity claims against insurance companies and who brought an action, in the court for the place where it is established, against the third-party liability insurer of the party responsible for that accident.
Article 7(2) of Regulation (EU) No 1215/2012 must be interpreted as meaning that it may be relied on by a professional who acquired, under an assignment agreement, a claim from a party injured in a road accident in order to bring a civil-liability action before a court of the Member State in which the accident occurred against the insurer of the party responsible for that accident, which insurer has its seat in a Member State other than the Member State in which the accident occurred, provided that the conditions for the application of this provision are met, which it is for the referring court to determine.
(1) OJ C 423, 7.12.2020.