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Lloyd's Insurance Law Reporter

FONDS DE GARANTIE DES VICTIMES DES ACTES DE TERRORISME ET D'AUTRES INFRACTIONS (FGTI) v VICTORIA SEGUROS SA

Case C-264/22, Court of Justice of the European Union, Judge Rossi, Judge Bonichot and Judge Spineanu-Matei, 17 May 2023

Insurance – Conflict of laws – Limitation of actions – Subrogation – Rome II Regulation, Regulation (EC) No 864/2007

On 4 August 2010, while swimming and snorkelling in the sea off the beach at Alvor (Portugal), a French national was struck by the propeller of a boat registered in Portugal. The victim suffered serious injuries. In March 2014 the victim was awarded €229,480.73 by a Lyon court. At the end of November 2016 FGTI brought subrogation proceedings in the Portuguese courts against the insurers of the owner of the boat.

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