# C_2021110EN.01002101.xml

| 29.3.2021 | EN | Official Journal of the European Union | C 110/21 |
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29.3.2021

EN

Official Journal of the European Union

C 110/21

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Reference for a preliminary ruling from County Court at Birkenhead (United Kingdom) made on 30 December 2020 — BT v Seguros Catalana Occidente, EB

(Case C-708/20)

(2021/C 110/22)

Language of the case: English

Referring court

County Court at Birkenhead

Parties to the main proceedings

Applicant: BT

Defendants: Seguros Catalana Occidente, EB

Questions referred

| (a) | Is it a requirement of Article 13(3) of the Judgments Regulation (EC) No. 1215/2012 (1) that the cause of action on which the injured party relies in asserting a claim against the policy holder/insured involves a matter relating to insurance? |
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(a)

Is it a requirement of Article 13(3) of the Judgments Regulation (EC) No. 1215/2012 (1) that the cause of action on which the injured party relies in asserting a claim against the policy holder/insured involves a matter relating to insurance?

| (b) | If the answer to (a) is ‘yes’, is the fact that the claim which the injured party seeks to bring against the policy holder/insured arises out of the same facts as, and is being brought in the same action as the direct claim brought against the insurer sufficient to justify a conclusion that the injured party’s claim is a matter relating to insurance even though the cause of action between the injured party and the policy holder/insured is unrelated to insurance? |
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(b)

If the answer to (a) is ‘yes’, is the fact that the claim which the injured party seeks to bring against the policy holder/insured arises out of the same facts as, and is being brought in the same action as the direct claim brought against the insurer sufficient to justify a conclusion that the injured party’s claim is a matter relating to insurance even though the cause of action between the injured party and the policy holder/insured is unrelated to insurance?

| (c) | Further and alternatively, if the answer to (a) is ‘yes’, is the fact that there is a dispute between the insurer and injured party concerning the validity or effect of the insurance policy sufficient to justify a conclusion that the injured party’s claim is a matter relating to insurance? |
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(c)

Further and alternatively, if the answer to (a) is ‘yes’, is the fact that there is a dispute between the insurer and injured party concerning the validity or effect of the insurance policy sufficient to justify a conclusion that the injured party’s claim is a matter relating to insurance?

| (d) | If the answer to (a) is ‘no’, is it sufficient that the joining of the policy holder/insured to the direct action against the insurer is permitted by the law governing the direct action against the insurer? |
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(d)

If the answer to (a) is ‘no’, is it sufficient that the joining of the policy holder/insured to the direct action against the insurer is permitted by the law governing the direct action against the insurer?

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(1)  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 OJ 2012, L 351, p. 1

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