CELEX: 62018CA0581
Language: en
Date: 2020-06-11 00:00:00
Title: Case C-581/18: Judgment of the Court (Grand Chamber) of 11 June 2020 (request for a preliminary ruling from the Oberlandesgericht Frankfurt am Main — Germany) — RB v TÜV Rheinland LGA Products GmbH, Allianz IARD SA, (Reference for a preliminary ruling — EU law — General principles — Article 18 TFEU — Prohibition of discrimination on grounds of nationality — Applicability of EU law — Defective breast implants — Insurance against civil liability arising from the production of medical devices — Insurance contract prescribing a geographical limitation on insurance coverage)

17.8.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 271/5
            
         
      Judgment of the Court (Grand Chamber) of 11 June 2020 (request for a preliminary ruling from the Oberlandesgericht Frankfurt am Main — Germany) — RB v TÜV Rheinland LGA Products GmbH, Allianz IARD SA,
      (Case C-581/18) (1)
      
      (Reference for a preliminary ruling - EU law - General principles - Article 18 TFEU - Prohibition of discrimination on grounds of nationality - Applicability of EU law - Defective breast implants - Insurance against civil liability arising from the production of medical devices - Insurance contract prescribing a geographical limitation on insurance coverage)
      (2020/C 271/05)
      Language of the case: German
      
         Referring court
      
      Oberlandesgericht Frankfurt am Main
      
         Parties to the main proceedings
      
      
         Applicant: RB
      
         Defendant: TÜV Rheinland LGA Products GmbH, Allianz IARD SA,
      
         Operative part of the judgment
      
      The first paragraph of Article 18 TFEU must be interpreted as meaning that it is not applicable to a clause, stipulated in a contract concluded between an insurance company and a manufacturer of medical devices, limiting the geographical extent of the insurance coverage against civil liability arising from those devices to harm that has occurred in the territory of a single Member State, since such a situation does not fall, as EU law currently stands, within the scope of application of EU law.
      
         (1)  OJ C 427, 26.11.2018.