# C_2005182EN.01001502.xml

| 23.7.2005 | EN | Official Journal of the European Union | C 182/15 |
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23.7.2005

EN

Official Journal of the European Union

C 182/15

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 26 May 2005

in Case C-77/04: Reference for a preliminary ruling from the Cour de cassation Groupement d'intérêt économique (GIE) Réunion européenne and Others v Zurich España, Société pyrénéenne de transit d'automobiles (Soptrans) (1)

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(Brussels Convention - Request for interpretation of Article 6(2) and the provisions of Section 3, Title II - Jurisdiction in matters relating to insurance - Third-party proceedings between insurers - Multiple insurance situation)

(2005/C 182/29)

Language of the case: French

In Case C-77/04: reference for a preliminary ruling pursuant to the Protocol of 3 June 1971 on the interpretation by the Court of Justice of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, from the Cour de Cassation (France), made by decision of 20 January 2004, received at the Court on 17 February 2004, in the proceedings pending before that court between Groupement d'intérêt économique (GIE) Réunion européenne and Others and Zurich España, Société pyrénéenne de transit d'automobiles (Soptrans) — the Court (First Chamber), composed of P. Jann, President of the Chamber, N. Colneric, J.N. Cunha Rodrigues (Rapporteur), M. Ilešič and E. Levits, Judges; F.G. Jacobs, Advocate General; K.H. Sztranc, Administrator, for the Registrar, gave a judgment on 26 May 2005, the operative part of which is as follows:

| 1. | Third-party proceedings between insurers based on multiple insurance are not subject to the provisions of Section 3 of Title II of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, as amended by the Convention of 9 October 1978 on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, by the Convention of 25 October 1982 on the accession of the Hellenic Republic, by the Convention of 26 May 1989 on the accession of the Kingdom of Spain and the Portuguese Republic and by the Convention of 29 November 1996 on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden. |
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1.

Third-party proceedings between insurers based on multiple insurance are not subject to the provisions of Section 3 of Title II of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, as amended by the Convention of 9 October 1978 on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, by the Convention of 25 October 1982 on the accession of the Hellenic Republic, by the Convention of 26 May 1989 on the accession of the Kingdom of Spain and the Portuguese Republic and by the Convention of 29 November 1996 on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.

| 2. | Article 6(2) of the Convention is applicable to third-party proceedings between insurers based on multiple insurance, in so far as there is a sufficient connection between the original proceedings and the third-party proceedings to support the conclusion that the choice of forum does not amount to an abuse. |
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2.

Article 6(2) of the Convention is applicable to third-party proceedings between insurers based on multiple insurance, in so far as there is a sufficient connection between the original proceedings and the third-party proceedings to support the conclusion that the choice of forum does not amount to an abuse.

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(1)  OJ C 85 of 03.04.2004.

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