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Case C-708/20: Reference for a preliminary ruling from County Court at Birkenhead (United Kingdom) made on 30 December 2020 — BT v Seguros Catalana Occidente, EB
ECLI:EU:UNKNOWN:62020CN0708
62020CN0708
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Valentina R., lawyer
29.3.2021
Official Journal of the European Union
C 110/21
(Case C-708/20)
(2021/C 110/22)
Language of the case: English
Referring court
Parties to the main proceedings
Applicant: BT
Defendants: Seguros Catalana Occidente, EB
Questions referred
(a)Is it a requirement of Article 13(3) of the Judgments Regulation (EC) No. 1215/2012 (1) that the cause of action on which the injured party relies in asserting a claim against the policy holder/insured involves a matter relating to insurance?
(b)If the answer to (a) is ‘yes’, is the fact that the claim which the injured party seeks to bring against the policy holder/insured arises out of the same facts as, and is being brought in the same action as the direct claim brought against the insurer sufficient to justify a conclusion that the injured party’s claim is a matter relating to insurance even though the cause of action between the injured party and the policy holder/insured is unrelated to insurance?
(c)Further and alternatively, if the answer to (a) is ‘yes’, is the fact that there is a dispute between the insurer and injured party concerning the validity or effect of the insurance policy sufficient to justify a conclusion that the injured party’s claim is a matter relating to insurance?
(d)If the answer to (a) is ‘no’, is it sufficient that the joining of the policy holder/insured to the direct action against the insurer is permitted by the law governing the direct action against the insurer?
* Language of the case: English.
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 OJ 2012, L 351, p. 1