Official Journal of the European Union

C 141/25

(Case C-111/09)

2009/C 141/45

Language of the case: Czech

Referring court

Parties to the main proceedings

Applicants: Česká podnikatelská pojišt’ovna, a.s., Vienna Insurance Group

Defendant: Michal Bílas

Questions referred

1.Should Article 26 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1) (‘the Regulation’) be interpreted as not authorising a court to review its international jurisdiction where the defendant participates in the proceedings, even when the case is subject to the rules on compulsory jurisdiction under Section 3 of the Regulation and the application is brought contrary to those rules?

2.Can the defendant, by the fact that he participates in the proceedings, establish the international jurisdiction of the Court within the meaning of Article 24 of the Regulation even where the proceedings are otherwise subject to the rules of compulsory jurisdiction in Section 3 of the Regulation and the application is brought contrary to those rules?

3.If the answer to question (2) is in the negative, may the fact that the defendant participates in the proceedings before a court which otherwise under the Regulation does not have jurisdiction in a case concerning insurance, be regarded as an agreement on jurisdiction within the meaning of Article 13(1) of the Regulation?

(1) OJ 2001 L 12, 16.1.2001, p. 1