Matters relating to insurance

The Brussels Regulation, Council Regulation 44/2001, confers upon an assured a choice of jurisdictions in which to bring proceedings against an insurer. Most significantly, the assured has the right to sue in the Member State of his own domicile, and that is a right that he will normally opt for. There is an extension in motor insurance cases, so that the victim has the right to sue the insurers of the wrongdoer in the Member State of the victim’s own domicile. The issue in Vorarlberger Gebietskrankenkasse v WGV-Schwäbische Allgemeine Versicherungs AG [2009] EUECJ Case C-347/08 was whether that right extended to the victim’s statutory assignee.

VGKK: the facts

On 10 March 2006, on a motorway in Germany a car driven by Ms Gaukel (domiciled in Germany) hit the back of a car driven by Ms Kerti (at the time domiciled in Austria but subsequently domiciled in Germany). Ms Kerti suffered spinal injuries which required various forms of medical treatment, and she was unfit to work for a short while. Ms Gaukel was insured by WGV against liability. VGKK, the Austrian social insurance fund, made payment to Ms Kerti in respect of the costs of her treatment and loss of pension rights, and it requested indemnification from WGV by reason of its status as statutory assignee of Ms Kerti’s rights under the Austrian General Law on Social Security, asserting that the accident was the fault of Ms Gaukel. WGV did not pay, and VGKK commenced proceedings against WGV in Austria. WGV contested the jurisdiction of the Austrian court.