- 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
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.
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