CELEX: 62016CA0368
Language: en
Date: 2017-07-13 00:00:00
Title: Case C-368/16: Judgment of the Court (Eighth Chamber) of 13 July 2017 (request for a preliminary ruling from the Højesteret — Denmark) — Assens Havn v Navigators Management (UK) Limited (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Jurisdiction in insurance matters — National legislation providing, on certain conditions, for an injured person’s right to bring legal proceedings directly against the insurer of the person responsible for an accident — Agreement on jurisdiction concluded between the insurer and the party which caused the damage)

4.9.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 293/10
            
         Judgment of the Court (Eighth Chamber) of 13 July 2017 (request for a preliminary ruling from the Højesteret — Denmark) — Assens Havn v Navigators Management (UK) Limited
   (Case C-368/16) (1)
   
   ((Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EC) No 44/2001 - Jurisdiction in insurance matters - National legislation providing, on certain conditions, for an injured person’s right to bring legal proceedings directly against the insurer of the person responsible for an accident - Agreement on jurisdiction concluded between the insurer and the party which caused the damage))
   (2017/C 293/13)
   Language of the case: Danish
   
      Referring court
   
   Højesteret
   
      Parties to the main proceedings
   
   
      Applicant: Assens Havn
   
      Defendant: Navigators Management (UK) Limited
   
      Operative part of the judgment
   
   Point 5 of Article 13 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, considered in conjunction with Article 14, point 2(a), thereof, must be interpreted as meaning that a victim entitled to bring a direct action against the insurer of the party which caused the harm which he has suffered is not bound by an agreement on jurisdiction concluded between the insurer and that party.
   
      (1)  OJ C 314, 29.8.2016.