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Case C-352/21, A1 and A2 (Insurance of a pleasure craft): Judgment of the Court (Sixth Chamber) of 27 April 2023 (request for a preliminary ruling from the Østre Landsret — Denmark) — A1, A2 v I (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Rules of jurisdiction in matters relating to insurance — Article 15(5) — Possibility of departing from those jurisdictional rules by agreement — Article 16(5) — Directive 2009/138/EC — Article 13(27) — Concept of ‘large risks’ — Hull insurance contract — Jurisdiction clause between the insurer and the insured — Enforceability of that clause against the insured — Pleasure craft not used for commercial purposes)
ECLI:EU:UNKNOWN:62021CA0352
62021CA0352
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19.6.2023
Official Journal of the European Union
C 216/7
(Case C-352/21, (1) A1 and A2 (Insurance of a pleasure craft))
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EU) No 1215/2012 - Rules of jurisdiction in matters relating to insurance - Article 15(5) - Possibility of departing from those jurisdictional rules by agreement - Article 16(5) - Directive 2009/138/EC - Article 13(27) - Concept of ‘large risks’ - Hull insurance contract - Jurisdiction clause between the insurer and the insured - Enforceability of that clause against the insured - Pleasure craft not used for commercial purposes)
(2023/C 216/08)
Language of the case: Danish
Referring court
Parties to the main proceedings
Applicants: A1, A2
Defendant: I
Operative part of the judgment
Article 15(5) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, read in conjunction with Article 16(5) thereof,
must be interpreted as meaning that a hull insurance contract relating to a pleasure craft not used for commercial purposes does not fall under Article 15(5) of that regulation.
(1) OJ C 320, 9.8.2021.