CELEX: 62020CN0708
Language: en
Date: 2020-12-30 00:00:00
Title: Case C-708/20: Reference for a preliminary ruling from County Court at Birkenhead (United Kingdom) made on 30 December 2020 — BT v Seguros Catalana Occidente, EB

29.3.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 110/21
            
         
      Reference for a preliminary ruling from County Court at Birkenhead (United Kingdom) made on 30 December 2020 — BT v Seguros Catalana Occidente, EB
      (Case C-708/20)
      (2021/C 110/22)
      Language of the case: English
      
         Referring court
      
      County Court at Birkenhead
      
         Parties to the main proceedings
      
      
         Applicant: BT
      
         Defendants: Seguros Catalana Occidente, EB
      
         Questions referred
      
      
                  (a)
               
               
                  Is it a requirement of Article 13(3) of the Judgments Regulation (EC) No. 1215/2012 (1) that the cause of action on which the injured party relies in asserting a claim against the policy holder/insured involves a matter relating to insurance?
               
            
                  (b)
               
               
                  If the answer to (a) is ‘yes’, is the fact that the claim which the injured party seeks to bring against the policy holder/insured arises out of the same facts as, and is being brought in the same action as the direct claim brought against the insurer sufficient to justify a conclusion that the injured party’s claim is a matter relating to insurance even though the cause of action between the injured party and the policy holder/insured is unrelated to insurance?
               
            
                  (c)
               
               
                  Further and alternatively, if the answer to (a) is ‘yes’, is the fact that there is a dispute between the insurer and injured party concerning the validity or effect of the insurance policy sufficient to justify a conclusion that the injured party’s claim is a matter relating to insurance?
               
            
                  (d)
               
               
                  If the answer to (a) is ‘no’, is it sufficient that the joining of the policy holder/insured to the direct action against the insurer is permitted by the law governing the direct action against the insurer?
               
            
         (1)  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 OJ 2012, L 351, p. 1