Brussels I bis

Article 15

Untitled

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

(1) which is entered into after the dispute has arisen;

(2) which allows the policyholder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this Section;

(3) which is concluded between a policyholder and an insurer, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Member State, and which has the effect of conferring jurisdiction on the courts of that Member State even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that Member State;

(4) which is concluded with a policyholder who is not domiciled in a Member State, except in so far as the insurance is compulsory or relates to immovable property in a Member State; or

(5) which relates to a contract of insurance in so far as it covers one or more of the risks set out in Article 16.

Holdings

C-537/2327 Feb 2025

Società Italiana Lastre SpA (SIL) v Agora SARL

An asymmetric jurisdiction clause is valid even where one party may sue only in the single court designated by the clause, while the other may also sue in any other competent court. That is so only if: (1) the clause designates courts of one or more EU Member States or of states that are parties to the 2007 Lugano Convention; (2) it identifies objective factors precise enough for the court seised to determine whether it has jurisdiction; and (3) it is not contrary to Articles 15, 19 or 23 and does not derogate from exclusive jurisdiction under Article 24.

C-352/2127 Apr 2023

A1 and A2 v I

A hull insurance contract for a pleasure craft that is not used for commercial purposes does not fall within Article 15(5) of Regulation No 1215/2012, read in conjunction with Article 16(5).

C-803/1827 Feb 2020

AAS „BALTA" v UAB „GRIFS AG"

A jurisdiction clause in an insurance contract covering a 'large risk' cannot be relied on against an insured party under that contract where that party is not an insurance professional, did not consent to the clause, and is domiciled in a Member State other than the one in which the policyholder and the insurer are domiciled.