Landesgericht Feldkirch, Beschluss vom 05/10/2009 4 R 169/08w
Decision by national courts in the field of European Union law — ECLI:AT:LG00929:2008:RFE0000176
Date: 2008-07-14
Subject matter: Judicial cooperation in civil matters
Origin: Austria

82009AT1005(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff is an Austrian social security authority. Following a traffic accident, it paid the medical costs of D, who was insured by it. The accident, which happened in Germany, was caused by C, who was insured by the defendant, a German insurance company. At the time of the accident, D was domiciled in Austria. Later she moved to Germany. The plaintiff brought an action before the Bezirksgericht of Dornbirn (AT) for compensation from the defendant for the incurred costs. The plaintiff based the international jurisdiction of the Swiss courts on Article 11(2) in connection with Article 9(1)(b) Brussels I Regulation. The Bezirksgericht of Dornbirn dismissed the action with reference to the defendant's challenge to the jurisdiction of the court. The plaintiff appealed to the Landesgericht of Feldkirch (AT).
The Landesgericht of Feldkirch (AT) stays the proceedings and refers to the ECJ for preliminary ruling. As it is the final decision in the case, a referral to the ECJ is necessary. To date it remains unsettled as to how jurisdiction is to be decided in relation to a claim for damages by a social security authority who seeks recompense for costs from an insurer for the treatment a person following a traffic accident caused by a party insured under the insurer. It must be decided whether a social security authority may avail of the jurisdiction in matters relating to insurance pursuant to Article 9(1)(b) Brussels I Regulation, even though it is not in need of protection in the same sense as an injured party. In the event that the ECJ affirms jurisdiction, it must then be settled as to what consequences arise for the application of Article 9(1)(b) when the injured party relocates to another Member State after claiming from the social security authority but before the action is brought.