# C_2014351EN.01000401.xml

| 6.10.2014 | EN | Official Journal of the European Union | C 351/4 |
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6.10.2014

EN

Official Journal of the European Union

C 351/4

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Request for a preliminary ruling from the Tribunale civile di Trieste (Italy) lodged on 21 July 2014 — Florin Lazar, represented in the proceedings by Luigi Erculeo v Allianz SpA

(Case C-350/14)

2014/C 351/05

Language of the case: Italian

Referring court

Referring court

Tribunale civile di Trieste

Parties to the main proceedings

Parties to the main proceedings

Applicant: Florin Lazar, represented in the proceedings by Luigi Erculeo

Applicant:

Defendant: Allianz SpA

Defendant:

Questions referred

Questions referred

How is Article 4(1) of Regulation (EC) No 864/2007 (1) on the law applicable to non-contractual obligations (‘Rome II’) to be interpreted in so far as it provides that ‘the law applicable to a non-contractual obligation arising out of a tort/delict shall be the law of the country in which the damage occurs’? In particular:

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| 1. | How is the term ‘the [place] in which the damage occurs’ within the meaning of Article 4(1) of Regulation No 864/2007 to be interpreted in the context of a claim for compensation for material and non-material damage brought by the family members of a person who has died as a result of a road traffic accident which occurred in the State of the court seised, where those family members are resident in another EU Member State and have suffered the damage itself in that other Member State? |
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1.

How is the term ‘the [place] in which the damage occurs’ within the meaning of Article 4(1) of Regulation No 864/2007 to be interpreted in the context of a claim for compensation for material and non-material damage brought by the family members of a person who has died as a result of a road traffic accident which occurred in the State of the court seised, where those family members are resident in another EU Member State and have suffered the damage itself in that other Member State?

| 2. | For the purposes of the application of Article 4(1) of Regulation No 864/2007, do the material and non material damage suffered, in their State of residence, by the close relatives of a person who has died as a result of a road traffic accident which occurred in the State of the court seised constitute ‘damage’ within the meaning of the first part of Article 4(1) of that regulation, or ‘indirect consequences’ within the meaning of the second part of that provision? |
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2.

For the purposes of the application of Article 4(1) of Regulation No 864/2007, do the material and non material damage suffered, in their State of residence, by the close relatives of a person who has died as a result of a road traffic accident which occurred in the State of the court seised constitute ‘damage’ within the meaning of the first part of Article 4(1) of that regulation, or ‘indirect consequences’ within the meaning of the second part of that provision?

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(1)  Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) OJ 2007 L 199, p. 40.

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