Compétence internationale en matière d’assurances

Le Règlement (UE) n° 1215/2012 du 12 décembre 2012, concernant la compétence judiciaire, la reconnaissance et l’exécution des décisions en matière civile et commerciale contient des dispositions spécifiques en matière d’assurance, destinées à protéger la partie la plus faible : le preneur d’assurance, l’assuré ou encore un bénéficiaire (art. 10 et suivants).

Cette protection, qui offre aux personnes protégées des options de compétence, ne saurait être étendue à des personnes non visées par le règlement. Il en va notamment ainsi du cessionnaire d’une créance d’assurance qui ne peut assigner l’assurance devant une juridiction désignée en application de ces dispositions. C’est ce que juge la Cour de Justice dans les circonstances suivantes (CJUE, 20 mai 2021, C-913/19, CNP spółka z ograniczoną odpowiedzialnością contre Gefion Insurance A/S).

A la suite d’un accident, la victime avait loué un véhicule de remplacement puis cédé sa créance au louer contre l’assureur du véhicule du responsable impliqué dans l’accident. La Cour de Justice a jugé que   « L’article 13, paragraphe 2, du règlement (UE) no 1215/2012 du Parlement européen et du Conseil, du 12 décembre 2012, concernant la compétence judiciaire, la reconnaissance et l’exécution des décisions en matière civile et commerciale, lu conjointement avec l’article 10 de celui-ci, doit être interprété en ce sens qu’il ne s’applique pas en cas de litige entre, d’une part, un professionnel ayant acquis une créance détenue, à l’origine, par une personne lésée sur une entreprise d’assurance de responsabilité civile et, d’autre part, cette même entreprise d’assurance de responsabilité civile, de sorte qu’il ne fait pas obstacle à ce que la compétence juridictionnelle pour connaître d’un tel litige soit fondée, le cas échéant, sur l’article 7, point 2, ou sur l’article 7, point 5, de ce règlement. ».

Cette dernière disposition confère une compétence particulière dans le cas de contestation relative à l’exploitation d’une succursale, d’une agence ou de tout autre établissement : une personne domiciliée sur le territoire d’un État membre peut alors être attraite dans un autre État membre que celui de son domicile devant la juridiction du lieu de leur situation.

La Cour a jugé sur ce point dans son arrêt du 20 mai 2021 que « l’article 7, point 5, du règlement no 1215/2012 doit être interprété en ce sens qu’une société qui exerce, dans un État membre, en vertu d’un contrat conclu avec une entreprise d’assurances établie dans un autre État membre, au nom et pour le compte de cette dernière, une activité de liquidation de dommages dans le cadre de l’assurance de responsabilité civile automobile doit être considérée comme étant une succursale, une agence ou tout autre établissement, au sens de cette disposition, lorsque cette société

–        se manifeste de façon durable vers l’extérieur comme le prolongement de l’entreprise d’assurances et

–        est pourvue d’une direction et est matériellement équipée de façon à pouvoir négocier avec des tiers, de sorte que ceux-ci sont dispensés de s’adresser directement à l’entreprise d’assurances.

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