CELEX: 62019CN0814
Language: en
Date: 2019-11-06 00:00:00
Title: Case C-814/19: Reference for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Divisional Court) (United Kingdom) made on 6 November 2019 – AC, TM, GM, MM v ABC Sl, XYZ Plc

13.1.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 10/25
            
         
      Reference for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Divisional Court) (United Kingdom) made on 6 November 2019 – AC, TM, GM, MM v ABC Sl, XYZ Plc
      (Case C-814/19)
      (2020/C 10/34)
      Language of the case: English
      
         Referring court
      
      High Court of Justice (England & Wales), Queen's Bench Division (Divisional Court)
      
         Parties to the main proceedings
      
      
         Applicants: AC, TM, GM, MM
      
         Defendants: ABC Sl, XYZ Plc
      
         Questions referred
      
      
                  a.
               
               
                  Is it a requirement of Article 13(3) of the recast Judgments Regulation 1215/2012 (1) that the cause of action on which the injured person 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 person 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 person's claim is a matter relating to insurance?
               
            
                  c.
               
               
                  If the answer to (a) is no, is it sufficient that the joining of the insured to the direct action against the insurer is allowed by the law governing the direct action against the insurer?
               
            
                  d.
               
               
                  Does the term ‘injured party’ under Article 13(2) cover a person born as a result of assisted reproduction techniques in circumstances where that person seeks to bring a claim asserting negligence in the performance of the assisted reproduction techniques used in that person's conception.
               
            
         (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).