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Court of Justice—scope of Article 7(5) of Brussels I (recast) and jurisdiction in insurance undertakings dispute (CNP spółka z ograniczoną odpowiedzialnością v Gefion Insurance)

Published on: 08 June 2021
Published by: LexisPSL
  • Court of Justice—scope of Article 7(5) of Brussels I (recast) and jurisdiction in insurance undertakings dispute (CNP spółka z ograniczoną odpowiedzialnością v Gefion Insurance)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Insurance & Reinsurance analysis: The Court of Justice was asked, on a reference for a preliminary ruling, to consider rules of jurisdiction under Articles 10–11(1)1 of Brussels I (recast) as to the possibility of an insurer domiciled or established in the territory of a Member State being sued in another Member State by the policyholder, the insured or a beneficiary, in the courts for the place where the claimant is based, and in derogation from the normal principle that a defendant is sued only in its domicile. The court decided that, on the particular facts, jurisdiction was established. Written by Sandip Patel QC FCIArb, managing partner of Aliant Law, London. or take a trial to read the full analysis.

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