Article 13
1. In respect of liability insurance, the insurer may also, if the law of the court permits it, be joined in proceedings which the injured party has brought against the insured.
2. Articles 10, 11 and 12 shall apply to actions brought by the injured party directly against the insurer, where such direct actions are permitted.
3. If the law governing such direct actions provides that the policyholder or the insured may be joined as a party to the action, the same court shall have jurisdiction over them.
Bundesrepublik Deutschland v Mutua Madrileña Automovilista
Where a Member State, as employer, is subrogated to the rights of an official injured in a road traffic accident and continued to pay that official's remuneration during the incapacity to work, it may sue the motor insurer as an "injured party" in the courts where the employing administrative body has its seat - not in the courts where the official is domiciled - provided direct actions are permitted.
BT v Seguros Catalana Occidente and EB
When an injured person brings a direct action against an insurer under Article 13(2), the court of the Member State where that person is domiciled cannot also assume jurisdiction under Article 13(3) over a compensation claim brought at the same time against the policyholder or insured domiciled in another Member State, where that policyholder or insured has not been challenged by the insurer.
CNP spółka z ograniczoną odpowiedzialnością v Gefion Insurance A/S
Article 13(2), read with Article 10, does not apply to a dispute between a business that has acquired a claim originally held by an injured party against a civil liability insurance undertaking and that undertaking. Jurisdiction over such a dispute may therefore, as appropriate, be founded on Article 7(2) or Article 7(5).
Paweł Hofsoe v LVM Landwirtschaftlicher Versicherungsverein Münster AG
A natural person whose professional activity includes recovering damages claims from insurers cannot rely on Article 13(2), read with Article 11(1)(b), to sue the insurer of the person responsible for a road accident in the courts of the Member State where the injured party is domiciled, even if that person acts under an assigned claim from the injured party and the insurer has its registered office in another Member State.