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AG Opinion—scope of Article 7(5) of Brussels I (recast) in the context of insurance undertakings (CNP spółka z ograniczoną odpowiedzialnością v Gefion Insurance)

Published on: 27 January 2021
Published by: LexisPSL
  • AG Opinion—scope of Article 7(5) of Brussels I (recast) in the context of insurance undertakings (CNP spółka z ograniczoną odpowiedzialnością v Gefion Insurance)
  • What are the practical implications of this case?
  • What was the background?
  • What did Advocate General decide?
  • Case details

Article summary

Dispute Resolution analysis: In this case, Advocate General Campos Sánchez-Bordona opined that an entity in one Member State appointed by an insurance undertaking in another Member State, with authority to represent the insurance undertaking in court proceedings and to enter into settlements on behalf of the insurance undertaking, could be a branch, agency or establishment within the meaning of Article 7(5) of Regulation (EU) 1215/2012, Brussels I (recast). As a result, jurisdiction could be established against the ‘branch, agency or establishment’ in derogation from the normal Brussels Recast Regulation principle that a defendant be sued only in its domicile. or take a trial to read the full analysis.

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