The concept of a 'victim' in insurance matters under Brussels Ia Regulation

Artykuł analizuje orzeczenie TSUE, C-106/17 w sprawie Hofsoe.

This contribution analyzes the CJUE ruling “Hofsoe” which holds that Article 13(2) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, read in conjunction with Article 11(1)(b) of that regulation, must be interpreted as meaning that it may not be relied on by a natural person, whose professional activity consists, inter alia, in recovering claims for damages from insurers and who relies on a contract for the assignment of a claim concluded with the victim of a road accident, to bring a civil liability action against the insurer of the person responsible for that accident, which has its registered office in a Member State other than the Member State of the place of domicile of the injured party, before a court of the Member State in which the injured party is domiciled. The author approves the CJUE judgment.