HOFSOE V LVM LANDWIRTSCHAFTLICHER VERSICHERUNGSVEREIN MÜNSTER AG

Case C-106/17, Court of Justice of the European Union, 31 January 2018

Insurance (liability) - Jurisdiction - Individual domiciled in Poland injured in motor accident in Germany - Claim assigned to professional claims handler - Whether insurers could be sued in Poland - Brussels Regulation Recast, articles 4 and 13

On 4 July 2014, a vehicle belonging to X, an individual domiciled in Poland was damaged in a traffic accident in Germany caused by a German national insured with LVM. On 12 July 2014 X entered into a hiring agreement for a replacement vehicle, and incurred costs of €3,465. LVM paid only €665. X assigned his rights to H, whose business consisted of pursuing assigned claims. H commenced proceedings in Poland in reliance on article 13(2) of the Brussels Regulation Recast, arguing that the right of a victim to sue liability insurers in the victim's home state extended to the victim's assignee.