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Case C-264/22, Fonds de Garantie des Victimes des Actes de Terrorisme et d’Autres Infractions: Judgment of the Court (Ninth Chamber) of 17 May 2023 (request for a preliminary ruling from the Tribunal da Relação de Lisboa — Portugal) — Fonds de Garantie des Victimes des Actes de Terrorisme et d’Autres Infractions (FGTI) v Victoria Seguros SA (Reference for a preliminary ruling — Judicial cooperation in civil matters — Law applicable to non-contractual obligations — Regulation (EC) No 864/2007 — Article 4(1) — Article 15(h) — Article 19 — Accident caused by a boat in a Member State — Compensation for the victim of that accident — Subrogation in accordance with the law of another Member State — Reimbursement requested by the third-person subrogee — Applicable law — Limitation)
ECLI:EU:UNKNOWN:62022CA0264
62022CA0264
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Official Journal of the European Union
C 235/5
(Case C-264/22, (*) Fonds de Garantie des Victimes des Actes de Terrorisme et d’Autres Infractions)
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Law applicable to non-contractual obligations - Regulation (EC) No 864/2007 - Article 4(1) - Article 15(h) - Article 19 - Accident caused by a boat in a Member State - Compensation for the victim of that accident - Subrogation in accordance with the law of another Member State - Reimbursement requested by the third-person subrogee - Applicable law - Limitation)
(2023/C 235/06)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicant: Fonds de Garantie des Victimes des Actes de Terrorisme et d’Autres Infractions (FGTI)
Defendant: Victoria Seguros SA
Operative part of the judgment
Article 4(1), Article 15(h) and Article 19 of 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 as meaning that the law which governs the action of a third party subrogated to the rights of an injured party against the person who caused the damage and which determines, in particular, the rules on limitation in respect of that action is, in principle, that of the country in which that damage occurs.
(*) Language of the case: Portuguese.