Case C-347/08
Vorarlberger Gebietskrankenkasse
v
WGV-Schwäbische Allgemeine Versicherungs AG
(Reference for a preliminary ruling from the Landesgericht Feldkirch)
(Regulation (EC) No44/2001 – Articles 9(1)(b) and 11(2) – Jurisdiction in matters relating to insurance – Motor accident – Statutory assignment of the rights of an injured party in favour of a social security institution – Action for recovery against the insurer of a person allegedly liable – Objective of protecting the weaker party)
Summary of the Judgment
Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation No 44/2001 – Jurisdiction in insurance matters
(Council Regulation No 44/2001, Arts 9(1)(b) and 11(2))
The reference in Article11(2) of Regulation No44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters to Article9(1)(b) thereof must be interpreted as meaning that a social security institution, acting as the statutory assignee of the rights of the party directly injured in a motor accident, may not bring an action directly in the courts of its Member State of establishment against the insurer of the person allegedly responsible for the accident, where that insurer is established in another Member State. In that regard, Section 3 of Chapter II of Regulation No44/2001 establishes an autonomous system for the conferral of jurisdiction in matters of insurance with the purpose of protecting the weaker party by rules of jurisdiction more favourable to his interests than the general rules provide for. However, a social security institution cannot be considered to be an economically weaker party and less experienced legally than a civil liability insurer, meaning that no special protection is justified in relations between those professionals in the insurance sector.
(see paras 40-43, 47, operative part)