CELEX: 62020CA0708
Language: en
Date: 2021-12-09 00:00:00
Title: Case C-708/20: Judgment of the Court (Eighth Chamber) of 9 December 2021 (request for a preliminary ruling from the County Court at Birkenhead — United Kingdom) — BT v Seguros Catalana Occidente, EB (Reference for a preliminary ruling — Cooperation in civil and commercial matters — Regulation (EU) No 1215/2012 — Jurisdiction, recognition and enforcement in civil and commercial matters — Jurisdiction in insurance matters — Claim for compensation for damage suffered by an individual domiciled in a Member State following an accident in rented accommodation in another Member State — Action brought by the injured person against, first, the insurer and, secondly, against the insured owner of that accommodation — Applicability of Article 13(3) of that regulation)

14.2.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 73/5
            
         
      Judgment of the Court (Eighth Chamber) of 9 December 2021 (request for a preliminary ruling from the County Court at Birkenhead — United Kingdom) — BT v Seguros Catalana Occidente, EB
      (Case C-708/20) (1)
      
      (Reference for a preliminary ruling - Cooperation in civil and commercial matters - Regulation (EU) No 1215/2012 - Jurisdiction, recognition and enforcement in civil and commercial matters - Jurisdiction in insurance matters - Claim for compensation for damage suffered by an individual domiciled in a Member State following an accident in rented accommodation in another Member State - Action brought by the injured person against, first, the insurer and, secondly, against the insured owner of that accommodation - Applicability of Article 13(3) of that regulation)
      (2022/C 73/07)
      Language of the case: English
      
         Referring court
      
      County Court at Birkenhead
      
         Parties to the main proceedings
      
      
         Applicant: BT
      
         Defendants: Seguros Catalana Occidente, EB
      
         Operative part of the judgment
      
      Article 13(3) of 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 must be interpreted as meaning that, in the event of a direct action brought by the injured person against an insurer in accordance with Article 13(2) thereof, the court of the Member State in which that person is domiciled cannot also assume jurisdiction, on the basis of Article 13(3) thereof, to rule on a claim for compensation brought at the same time by that person against the policyholder or the insured who is domiciled in another Member State and who has not been challenged by the insurer.
      
         (1)  OJ C 110, 29.3.2021.