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.
An interesting dialogue is value comment. I believe that you should write extra on this topic, it won’t be a taboo subject however generally individuals are not enough to speak on such topics. To the next. Cheers
http://azet-resapare.ro/index.php/component/k2/item/2-slide1/2-slide1?start=80
http://www.hzsyedu.com/plus/guestbook.php?action=admin&id=4926143
http://ferrovietoscane.it/component/k2/item/2-pfl/2-pfl.html?start=103720
https://baukron.com/component/k2/item/19?start=9730
http://hatgiong-demo.salestop1.vn/19-most-useful-internet-dating-sites-in-germany-2-2/
After I initially commented I clicked the -Notify me when new feedback are added- checkbox and now every time a comment is added I get four emails with the same comment. Is there any approach you can take away me from that service? Thanks!
http://wmo-eg.de/index.php/component/k2/item/24-vorher-nachher.html?start=434250
http://carekoon-clinic.com/?p=3942
https://bethel-india.net/apps/blog/show/49702957-year-2021-and-beyond?&fw_comments_page=183&fw_comments_order=DESC&siteId=134074112&locale=en-IN
https://www.modtheband.nl/index.php/chocolatier-s-table-luxe/item/1-how-to-marinate-and-grill-steaks?start=94
I appreciate you sharing this blog post.Really thank you! Want more.
https://recomendent.ru/reviews/?PAGEN_2=211
An fascinating dialogue is worth comment. I feel that it is best to write more on this matter, it may not be a taboo subject but generally individuals are not enough to talk on such topics. To the next. Cheers
https://heatpump-china.com/e_productshow/?289-commercial-AC-inverter–CO2R744-heat-pump-High-COP-Cooling–Heating-Heat-Pumps-289.html
Good post. I learn something totally new and challenging on blogs I stumbleupon on a daily basis.
It’s always interesting to read articles from other authors and
practice a little something from their web sites.
Thanks-a-mundo for the blog post.Really looking forward to read more. Awesome.
Howdy! I simply would like to give an enormous thumbs up for the great information you’ve gotten right here on this post. I will be coming back to your weblog for more soon.
wow, awesome blog.Thanks Again. Much obliged.
Major thanks for the post.Really thank you! Cool.
Looking forward to reading more. Great blog article.Much thanks again. Really Cool.
Thanks a lot for the blog post.Much thanks again. Cool.
Can I just say what a relief to seek out someone who actually knows what theyre speaking about on the internet. You definitely know find out how to convey an issue to light and make it important. Extra folks have to learn this and perceive this facet of the story. I cant believe youre not more well-liked because you positively have the gift.
I truly appreciate this article post.Much thanks again.
I really liked your blog.Really looking forward to read more. Really Cool.
I used to be very happy to find this web-site.I wished to thanks on your time for this excellent read!! I definitely having fun with each little little bit of it and I’ve you bookmarked to take a look at new stuff you blog post.
A big thank you for your post.Really looking forward to read more. Keep writing.
There’s noticeably a bundle to find out about this. I assume you made certain nice factors in options also.
Thanks for all your valuable efforts on this site. My niece take interest in setting aside time for research and it’s obvious why. Almost all learn all concerning the compelling ways you offer invaluable secrets by means of the web site and even boost participation from some other people about this situation plus my simple princess is truly starting to learn a great deal. Take pleasure in the remaining portion of the year. You’re doing a first class job.
Major thankies for the blog article.Really looking forward to read more. Fantastic.
Genuinely no matter if someone doesn’t understand after that its up to other people that they will assist, so here it
takes place.
An interesting dialogue is value comment. I feel that you should write more on this subject, it may not be a taboo topic however generally people are not sufficient to talk on such topics. To the next. Cheers
After examine a couple of of the weblog posts in your web site now, and I actually like your way of blogging. I bookmarked it to my bookmark website checklist and will be checking again soon. Pls try my site as properly and let me know what you think.
I think this is a real great article post. Keep writing.
I was very happy to find this internet-site.I wanted to thanks on your time for this wonderful learn!! I definitely having fun with each little bit of it and I have you bookmarked to take a look at new stuff you blog post.
I really enjoy the article.Really looking forward to read more. Cool.
Thank you for your blog post.Much thanks again.
I’m really enjoying the theme/design of your site.
Do you ever run into any browser compatibility issues?
A few of my blog visitors have complained about my website not working correctly in Explorer but looks great in Firefox.
Do you have any suggestions to help fix this issue?
This is the best blog for anybody who wants to find out about this topic. You notice so much its nearly hard to argue with you (not that I actually would need匟aHa). You definitely put a brand new spin on a topic thats been written about for years. Great stuff, just great!
I just wanted to post a small remark to say thanks to you for these precious guides you are showing at this site. My extended internet search has at the end of the day been paid with pleasant concept to write about with my contacts. I would believe that we visitors actually are unequivocally blessed to dwell in a fine network with many lovely individuals with helpful hints. I feel really lucky to have seen your site and look forward to really more entertaining moments reading here. Thank you once more for all the details.
Oh my goodness! a tremendous article dude. Thank you Nonetheless I am experiencing concern with ur rss . Don抰 know why Unable to subscribe to it. Is there anybody getting an identical rss problem? Anybody who is aware of kindly respond. Thnkx
Asking questions are actually nice thing if you
are not understanding something totally, however this piece of
writing gives good understanding yet.
This really answered my downside, thank you!
Have you ever thought about creating an e-book or guest authoring on other sites?
I have a blog based on the same topics you discuss and would love
to have you share some stories/information. I know my audience would value
your work. If you are even remotely interested, feel free to send me an e-mail.
I found your blog site on google and check a couple of of your early posts. Proceed to maintain up the excellent operate. I simply extra up your RSS feed to my MSN News Reader. Searching for forward to reading extra from you afterward!?
I think this is a real great blog post.Really thank you! Awesome.
Thanks so much for the blog post.Much thanks again. Great.
very nice publish, i definitely love this web site, carry on it
I am so grateful for your blog article.Really looking forward to read more. Really Cool.
Spot on with this write-up, I actually suppose this website needs far more consideration. I抣l in all probability be once more to read way more, thanks for that info.
Spot on with this write-up, I really suppose this website wants rather more consideration. I抣l in all probability be once more to learn rather more, thanks for that info.
Oh my goodness! an incredible article dude. Thanks Nevertheless I am experiencing issue with ur rss . Don抰 know why Unable to subscribe to it. Is there anyone getting an identical rss downside? Anyone who knows kindly respond. Thnkx
The next time I read a blog, I hope that it doesnt disappoint me as a lot as this one. I imply, I do know it was my choice to learn, but I really thought youd have one thing interesting to say. All I hear is a bunch of whining about something that you may fix for those who werent too busy in search of attention.
This website online is mostly a walk-by for all of the info you wanted about this and didn抰 know who to ask. Glimpse here, and you抣l definitely uncover it.
Can I simply say what a aid to seek out someone who really is aware of what theyre talking about on the internet. You positively know methods to deliver an issue to gentle and make it important. More folks need to learn this and perceive this aspect of the story. I cant consider youre not more in style because you undoubtedly have the gift.
Your article gave me a lot of inspiration, I hope you can explain your point of view in more detail, because I have some doubts, thank you.
I was very happy to find this internet-site.I needed to thanks on your time for this excellent learn!! I definitely enjoying each little little bit of it and I have you bookmarked to take a look at new stuff you weblog post.
I am just writing to make you understand what a amazing encounter my girl had using your web page. She noticed such a lot of pieces, with the inclusion of what it is like to have an ideal giving heart to have the others without difficulty understand a number of grueling things. You undoubtedly exceeded her expectations. I appreciate you for offering these important, healthy, explanatory and unique thoughts on the topic to Tanya.
Thank you ever so for you post.Much thanks again. Keep writing.
I value the blog article.Really looking forward to read more. Really Great.
Great article post.Thanks Again. Much obliged.
Oh my goodness! an amazing article dude. Thanks Nevertheless I’m experiencing problem with ur rss . Don抰 know why Unable to subscribe to it. Is there anyone getting similar rss problem? Anyone who knows kindly respond. Thnkx
This is the right blog for anybody who desires to find out about this topic. You notice a lot its nearly arduous to argue with you (not that I truly would want匟aHa). You undoubtedly put a brand new spin on a topic thats been written about for years. Nice stuff, simply great!
A round of applause for your blog article.Really looking forward to read more. Really Cool.
There are actually numerous details like that to take into consideration. That could be a nice level to deliver up. I offer the thoughts above as basic inspiration however clearly there are questions just like the one you convey up the place the most important thing can be working in honest good faith. I don?t know if finest practices have emerged around things like that, however I am certain that your job is clearly identified as a good game. Each boys and girls really feel the influence of only a second抯 pleasure, for the remainder of their lives.
Very good blog.Really looking forward to read more. Much obliged.
Oh my goodness! an amazing article dude. Thank you Nonetheless I am experiencing concern with ur rss . Don抰 know why Unable to subscribe to it. Is there anyone getting identical rss problem? Anyone who is aware of kindly respond. Thnkx
Hey, I think your blog might be having browser compatibility issues.
When I look at your blog site in Safari, it looks fine
but when opening in Internet Explorer, it has some overlapping.
I just wanted to give you a quick heads up! Other then that,
very good blog!
excellent issues altogether, you simply received a logo new reader.
What may you suggest about your submit that you simply made some days in the past?
Any positive?
I抦 impressed, I have to say. Actually hardly ever do I encounter a weblog that抯 each educative and entertaining, and let me inform you, you have hit the nail on the head. Your idea is excellent; the problem is one thing that not enough persons are speaking intelligently about. I’m very happy that I stumbled across this in my search for one thing relating to this.
My wife and i have been contented that Ervin could deal with his inquiry via the ideas he gained in your site. It’s not at all simplistic just to possibly be offering helpful tips many others have been selling. And now we consider we now have the blog owner to be grateful to because of that. The type of illustrations you’ve made, the easy blog menu, the friendships you will help to create – it’s mostly great, and it is aiding our son in addition to the family do think that situation is amusing, and that is really essential. Thanks for the whole thing!
I discovered your weblog website on google and check a number of of your early posts. Proceed to keep up the superb operate. I just extra up your RSS feed to my MSN Information Reader. Seeking forward to reading extra from you afterward!?
Enjoyed every bit of your blog post.Really looking forward to read more. Cool.
What’s up all, here every person is sharing such knowledge,
therefore it’s fastidious to read this weblog, and I used to visit
this webpage every day.
I抦 impressed, I need to say. Actually rarely do I encounter a weblog that抯 each educative and entertaining, and let me tell you, you have got hit the nail on the head. Your thought is outstanding; the difficulty is something that not enough persons are speaking intelligently about. I am very pleased that I stumbled throughout this in my seek for one thing relating to this.
There are some fascinating deadlines on this article but I don抰 know if I see all of them center to heart. There is some validity however I’ll take maintain opinion till I look into it further. Good article , thanks and we wish extra! Added to FeedBurner as properly
Thanks so much for the blog.Really looking forward to read more. Will read on…
There’s noticeably a bundle to learn about this. I assume you made sure nice points in options also.
I cannot thank you enough for the article.Really looking forward to read more. Awesome.
Can I just say what a reduction to search out someone who actually is aware of what theyre speaking about on the internet. You positively know how one can convey an issue to mild and make it important. Extra individuals must learn this and understand this facet of the story. I cant consider youre no more well-liked because you definitely have the gift.
You made some first rate factors there. I regarded on the internet for the problem and located most individuals will go along with together with your website.
There’s noticeably a bundle to know about this. I assume you made certain good points in features also.
Muchos Gracias for your post.Really looking forward to read more. Want more.
Really appreciate you sharing this article post.Much thanks again. Really Cool.
WONDERFUL Post.thanks for share..extra wait .. ?
|Options simply abound in fashionable hair accessories. You can choose from lots of options, including headbands, scrunchies, bows, barrettes and extensions. Your wardrobe should include several hair accessories. You can match your scrunchy to the color you’re wearing, for instance. A night out calls for the perfect matching headband.
I loved your blog. Fantastic.
I’m typically to blogging and i really appreciate your content. The article has really peaks my interest. I’m going to bookmark your site and hold checking for brand new information.
I enjoy you because of all your valuable effort on this web page. My aunt delights in carrying out investigation and it is simple to grasp why. A number of us know all concerning the dynamic form you give advantageous guidelines through this website and in addition strongly encourage participation from visitors about this theme and our princess is actually starting to learn a great deal. Take advantage of the remaining portion of the new year. You are always performing a remarkable job.
I truly appreciate this blog article. Awesome.
Thanks for ones marvelous posting! I genuinely enjoyed reading it,
you’re a great author.I will make certain to bookmark your blog and will come back down the road.
I want to encourage one to continue your great work, have
a nice afternoon!
My spouse and I stumbled over here coming from a different web
address and thought I might check things out.
I like what I see so now i’m following you. Look forward
to going over your web page repeatedly.
Good day! I just want to give a huge thumbs up for the good data you could have here on this post. I shall be coming back to your blog for extra soon.
Would you be involved in exchanging links?
An interesting discussion is value comment. I feel that it is best to write more on this topic, it won’t be a taboo subject but usually individuals are not enough to speak on such topics. To the next. Cheers
Muchos Gracias for your article post. Much obliged.
I really liked your article.Thanks Again. Keep writing.
It is perfect time to make a few plans for the future and it’s time to be happy.
I have learn this post and if I may I want to suggest you few attention-grabbing things or suggestions.
Perhaps you can write next articles referring to this article.
I desire to learn more issues approximately it!
very good submit, i certainly love this web site, keep on it
Thanks for the blog article.Really thank you! Cool.
Muchos Gracias for your blog post. Keep writing.
Thanks for the blog article. Want more.
Thank you for the good writeup. It in fact
was a amusement account it. Look advanced to more added agreeable from you!
By the way, how can we communicate?
There is noticeably a bundle to find out about this. I assume you made certain good factors in features also.
Very informative blog post. Really Great.
Thanks-a-mundo for the blog.Really thank you! Great.
Good day! This is my 1st comment here so I just wanted
to give a quick shout out and say I truly enjoy reading your posts.
Can you recommend any other blogs/websites/forums that go over
the same subjects? Thank you so much!
Im grateful for the blog post.Much thanks again. Will read on…
Wow, great article post. Great.
Very informative post.Really thank you! Keep writing.