CELEX: 62014CA0350
Language: en
Date: 2015-12-10 00:00:00
Title: Case C-350/14: Judgment of the Court (Fourth Chamber) of 10 December 2015 (request for a preliminary ruling from the Tribunale civile di Trieste — Italy) — Florin Lazar v Allianz SpA (Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation No 864/2007 — Article 4(1) — Concepts of ‘country in which the damage occurs’, ‘damage’ and ‘indirect consequences of the tort or delict’ — Damage sustained personally by a family member of a person who died as a result of a road traffic accident — Applicable law)

8.2.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 48/3
            
         Judgment of the Court (Fourth Chamber) of 10 December 2015 (request for a preliminary ruling from the Tribunale civile di Trieste — Italy) — Florin Lazar v Allianz SpA
   (Case C-350/14) (1)
   
   ((Reference for a preliminary ruling - Area of freedom, security and justice - Judicial cooperation in civil matters - Regulation No 864/2007 - Article 4(1) - Concepts of ‘country in which the damage occurs’, ‘damage’ and ‘indirect consequences of the tort or delict’ - Damage sustained personally by a family member of a person who died as a result of a road traffic accident - Applicable law))
   (2016/C 048/03)
   Language of the case: Italian
   
      Referring court
   
   Tribunale civile di Trieste
   
      Parties to the main proceedings
   
   
      Applicant: Florin Lazar
   
      Defendant: Allianz SpA
   
      Operative part of the judgment
   
   Article 4(1) 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, in order to determine the law applicable to a non-contractual obligation arising from a road traffic accident, as meaning that the damage related to the death of a person in such an accident which took place in the Member State of the court seised and sustained by the close relatives of that person who reside in another Member State, must be classified as ‘indirect consequences’ of that accident, within the meaning of that provision.
   
      (1)  OJ C 351, 6.10.2014.