Tribunalul Valcea; 2019-02-26; Insurance Company Daalbog Life and Health AD, revizuient, HUREZANU ionut claudiu, POPESCU Florin, POPESCU Ionela Raluca, prin POPESCU Florin, NICOLAE Amalia Georgiana, DIŢOIU Liliana, BOLOVAN Alexandru, BOLOVAN Elena, BOLOVAN Dumitru, DIŢOIU Gheorge, DIŢOIU Vasilica, BREBENEL Narcisa, HUREYANU GheorgheServiciul judetean de Ambulanta Vâlcea, Spitalul de Urgenţă Judeţean Vâlcea, Spitalul orăşenesc Horezu, intimaţi; 323/46/2017
Decision by national courts in the field of European Union law — ECLI:RO:TBVL:2019:002.000221
Date: 2019-02-26
Subject matter: Judicial cooperation in civil matters
Origin: Romania

82019RO0226(51)_ENG_SUMJURE
JURE summary
JURE summary
This case regards an insurance case with a foreign element, addressed to the Tribunalul Vâlcea (hereinafter ‘the Civil Court of Appeal’).
There was a fatal road traffic accident caused by a driver driving without a licence, who committed several offences and left the scene. The Judecătoria Bălcești (hereinafter ‘the Court of First Instance’) held the insurance company domiciled in Bulgaria (hereinafter ‘the plaintiff) to be liable to pay material and non-material damages for the driver based on an insurance contract with the driver.
The Curtea de Apel Piteşti (hereinafter ‘the Criminal Court of Appeal’) changed the first instance decision and increased the amount of damages to be paid, but referred the case back to the Court of First Instance to decide on further civil aspects of the case.
According to Romanian law, the conclusions of the criminal court related to civil matters may be reviewed by a competent civil court. The plaintiff requested the Court of First Instance to review the judgment and sought the annulment of the obligation to pay the damages. The plaintiff relied on a new fact in the case: the judgment given in the proceedings held before Court in Ruse, Bulgaria. The Bulgarian court decided that the insurance agreement between the plaintiff and the driver was null and void. Therefore, the civil liability of the plaintiff, previously declared in Romanian proceedings, shall also be annulled.
The Court of First Instance confirmed that the Bulgarian proceedings had become final. Under Article 36(1) of the Brussels I Regulation (recast) (1) ‘a judgment given in a Member State shall be recognised in the other Member States without any special procedure being required’. Article 39 of the same Regulation then provides that ‘a judgment given in a Member State which is enforceable in that Member State shall be enforceable in the other Member States without any declaration of enforceability being required’. The plaintiff provided all documents required by the Regulation for the foreign judgment to be recognised in Romania.
The Court of First Instance confirmed that the Bulgarian judgment represents a new substantial fact. Therefore, although the Bulgarian judgment was given after the Romanian first instance judgment was issued, it must be considered a decisive new fact that would lead to a different conclusion if known during the first instance proceedings. The legislation recognises such a situation. Therefore, the review was granted. The conclusions against the plaintiff were changed, and its liability resulting in payment of damages was annulled. The Court of First Instance established the liability of the driver himself to pay the damages.
The recipients of the damages appealed this conclusion to the Civil Court of Appeal. They argued that the damages related to an accident where a non-insured vehicle was involved, shall be paid primarily by a body responsible exactly for such cases: the Biroul Asiguratorilor de Autovehicule din Romania (BAAR).
The Civil Court of Appeal granted the appeal and held that the damages shall be paid by BAAR, which, subsequently, would have a right of recourse against the driver who caused the accident.
(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.