CELEX: 62014CN0350
Language: en
Date: 2014-07-21 00:00:00
Title: Case C-350/14: Request for a preliminary ruling from the Tribunale civile di Trieste (Italy) lodged on 21 July 2014  — Florin Lazar, represented in the proceedings by Luigi Erculeo v Allianz SpA

6.10.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 351/4
            
         Request for a preliminary ruling from the Tribunale civile di Trieste (Italy) lodged on 21 July 2014 — Florin Lazar, represented in the proceedings by Luigi Erculeo v Allianz SpA
   (Case C-350/14)
   2014/C 351/05
   Language of the case: Italian
   
      Referring court
   
   Tribunale civile di Trieste
   
      Parties to the main proceedings
   
   
      Applicant: Florin Lazar, represented in the proceedings by Luigi Erculeo
   
      Defendant: Allianz SpA
   
      Questions referred
   
   How is Article 4(1) of Regulation (EC) No 864/2007 (1) on the law applicable to non-contractual obligations (‘Rome II’) to be interpreted in so far as it provides that ‘the law applicable to a non-contractual obligation arising out of a tort/delict shall be the law of the country in which the damage occurs’? In particular:
   
               1.
            
            
               How is the term ‘the [place] in which the damage occurs’ within the meaning of Article 4(1) of Regulation No 864/2007 to be interpreted in the context of a claim for compensation for material and non-material damage brought by the family members of a person who has died as a result of a road traffic accident which occurred in the State of the court seised, where those family members are resident in another EU Member State and have suffered the damage itself in that other Member State?
            
         
               2.
            
            
               For the purposes of the application of Article 4(1) of Regulation No 864/2007, do the material and non material damage suffered, in their State of residence, by the close relatives of a person who has died as a result of a road traffic accident which occurred in the State of the court seised constitute ‘damage’ within the meaning of the first part of Article 4(1) of that regulation, or ‘indirect consequences’ within the meaning of the second part of that provision?
            
         
      (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) OJ 2007 L 199, p. 40.