Mr. J.E. de Boer - IMO Londen
Mr. J.E. de Boer - IMO Londen
Mr. F. Devos - Ambos NBGO Advocaten
Mw. mr. A.H.M. Zwanikken - Fac. Rechtsgeleerdheid EUR
In 2007, a tug boat damaged the Danish port of Assens. Parties disagreed on what caused the damage and who was responsible for it. The party allegedly causing the damage, Skåne Entreprenad, was insured by Navigators Management Ltd. The Port of Assens filed an action directly against Navigators Management before the Danish Maritime and Commercial Court, as Skåne Entreprenad had gone insolvent shortly after the incident. Danish law provides for the possibility to file a direct action against the liability insurer if the damage causing party is insolvent. Apart from the question of who was responsible for the damage, parties disagreed on one other issue: whether the Danish court was competent. Navigators Management invoked the jurisdiction clause for an English court in its insurance contract. The Port of Assens argued that it did not have anything to do with Navigator’s contract. The Maritime and Commercial Court ruled that the Danish court was not competent. The issue was separated from the main proceedings, and ended up before the Danish Supreme Court. It decided to stay proceedings and asked the European Court of Justice (ECJ) for a preliminary ruling on the question of whether Article 13(5) jo. 14(2)(a) of the Brussels I Regulation (Brussels I) which is applicable in Denmark on the basis of a parallel agreement, means that the injured party is bound by the (jurisdiction clause in the) insurance contract between the policy holder and the insurer. Although numbered differently, as the new Brussels I Recast Regulation has the same provisions on insurance, the question is also relevant for the other Member States in the future.
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