Joined Cases C-359/14 and C-475/14: Judgment of the Court (Fourth Chamber) of 21 January 2016 (request for a preliminary ruling from the Vilniaus miesto apylinkės teismas, Lietuvos Aukščiausiasis Teismas — Lithuania) — ‘ERGO Insurance’ SE, represented by ‘ERGO Insurance’ SE Lietuvos filialas v ‘If P&C Insurance’ AS, represented by ‘IF P&C Insurance’ AS filialas (C-359/14), ‘Gjensidige Baltic’ AAS, represented by ‘Gjensidige Baltic’ AAS Lietuvos filialas v ‘PZU Lietuva’ UAB DK (C-475/14) (Reference for a preliminary ruling — Judicial cooperation in civil matters — Choice of applicable law — Regulation (EC) No 864/2007 and Regulation (EC) No 593/2008 — Directive 2009/103/EC — Accident caused by a tractor unit coupled with a trailer, each of the vehicles being insured by different insurers — Accident which occurred in a Member State other than that in which the insurance contracts were concluded — Action for indemnity between the insurers — Applicable law — Definitions of ‘contractual obligations’ and ‘non-contractual obligations’)
Date: 2016-01-21
Institutions: Court of Justice
Subjects: indemnification, insurance company, insurance contract, interpretation of the law, judicial cooperation in civil matters in the EU, motor vehicle insurance, tractor, transport accident








C_2016098EN.01000801.xml










14.3.2016   


EN


Official Journal of the European Union


C 98/8





Judgment of the Court (Fourth Chamber) of 21 January 2016 (request for a preliminary ruling from the Vilniaus miesto apylinkės teismas, Lietuvos Aukščiausiasis Teismas — Lithuania) — ‘ERGO Insurance’ SE, represented by ‘ERGO Insurance’ SE Lietuvos filialas v ‘If P&C Insurance’ AS, represented by ‘IF P&C Insurance’ AS filialas (C-359/14), ‘Gjensidige Baltic’ AAS, represented by ‘Gjensidige Baltic’ AAS Lietuvos filialas v ‘PZU Lietuva’ UAB DK (C-475/14)
(Joined Cases C-359/14 and C-475/14) (1)

((Reference for a preliminary ruling - Judicial cooperation in civil matters - Choice of applicable law - Regulation (EC) No 864/2007 and Regulation (EC) No 593/2008 - Directive 2009/103/EC - Accident caused by a tractor unit coupled with a trailer, each of the vehicles being insured by different insurers - Accident which occurred in a Member State other than that in which the insurance contracts were concluded - Action for indemnity between the insurers - Applicable law - Definitions of ‘contractual obligations’ and ‘non-contractual obligations’))
(2016/C 098/09)
Language of the case: Lithuanian

Referring court

Vilniaus miesto apylinkės teismas, Lietuvos Aukščiausiasis Teismas

Parties to the main proceedings


Applicants:‘ERGO Insurance’ SE, represented by ‘ERGO Insurance’ SE Lietuvis filialas (C-359/14), ‘Gjensidige Baltic’ AAS, represented by ‘Gjensidige Baltic’ AAS Lietuvos filialas (C-475/14)

Defendants:‘If P&C Insurance’ AS, represented by ‘IF P&C Insurance’ AS filialas (C-359/14), ‘PZU Lietuva’ UAB DK (C-475/14)

Operative part of the judgment

Article 14(b) of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability must be interpreted as meaning that that provision does not contain any specific conflict-of-law rule intended to determine the law applicable to the action for indemnity between insurers in circumstances such as those at issue in the main proceedings.
Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) and 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) must be interpreted to the effect that the law applicable to an action for indemnity between the insurer of a tractor unit, which has compensated the victims of an accident caused by the driver of that vehicle, against the insurer of the trailer coupled to it at the time of that accident, is to be determined in accordance with Article 7 of Regulation No 593/2008 if the rules of liability in tort, delict and quasi-delict applicable to that accident by virtue of Article 4 et seq of Regulation No 864/2007 provide for an apportionment of the obligation to compensate for the damage.


(1)  OJ C 329, 22.9.2014.

OJ C 7, 12.1.2015.