Brussels Convention

Article 12

Untitled

The provisions of this Section may be departed from only by an agreement:

1\. which is entered into after the dispute has arisen or

2\. which allows the policy-holder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this Section or

3\. which is concluded between a policy-holder and an insurer, both of whom are domiciled in the same Contracting State, and which has the, effect of conferring jurisdiction on the courts of that State even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that State.

Section 4

Jurisdiction in matters relating to instalment sales and loans

Holdings

C-112/0312 May 2005

Société financière et industrielle du Peloux v Axa Belgium and Others.

A jurisdiction clause conforming with Article 12(3) of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters, as amended by the Convention of 9 October 1978 on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, by the Convention of 25 October 1982 on the accession of the Hellenic Republic, by the Convention of 26 May 1989 on the accession of the Kingdom of Spain and the Portuguese Republic and by the Convention of 29 November 1996 on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, cannot be relied on against a beneficiary under that contract who has not expressly subscribed to that clause and is domiciled in a Contracting State other than that of the policy-holder and the insurer.