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Case C-350/14: Judgment of the Court (Fourth Chamber) of 10 December 2015 (request for a preliminary ruling from the Tribunale civile di Trieste — Italy) — Florin Lazar v Allianz SpA (Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation No 864/2007 — Article 4(1) — Concepts of ‘country in which the damage occurs’, ‘damage’ and ‘indirect consequences of the tort or delict’ — Damage sustained personally by a family member of a person who died as a result of a road traffic accident — Applicable law)
ECLI:EU:UNKNOWN:62014CA0350
62014CA0350
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Official Journal of the European Union
C 48/3
(Case C-350/14) (<span class="super">1</span>)
((Reference for a preliminary ruling - Area of freedom, security and justice - Judicial cooperation in civil matters - Regulation No 864/2007 - Article 4(1) - Concepts of ‘country in which the damage occurs’, ‘damage’ and ‘indirect consequences of the tort or delict’ - Damage sustained personally by a family member of a person who died as a result of a road traffic accident - Applicable law))
(2016/C 048/03)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Florin Lazar
Defendant: Allianz SpA
Operative part of the judgment
Article 4(1) Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (‘Rome II’), must be interpreted, in order to determine the law applicable to a non-contractual obligation arising from a road traffic accident, as meaning that the damage related to the death of a person in such an accident which took place in the Member State of the court seised and sustained by the close relatives of that person who reside in another Member State, must be classified as ‘indirect consequences’ of that accident, within the meaning of that provision.
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Language of the case: Italian.
(1) OJ C 351, 6.10.2014.