Brussels I bis

Article 16

Untitled

The following are the risks referred to in point 5 of Article 15:

(1) any loss of or damage to:

(2) any liability, other than for bodily injury to passengers or loss of or damage to their baggage:

(3) any financial loss connected with the use or operation of ships, installations or aircraft as referred to in point 1(a), in particular loss of freight or charter-hire;

(4) any risk or interest connected with any of those referred to in points 1 to 3;

(5) notwithstanding points 1 to 4, all 'large risks' as defined in Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) [(14)](#ntr14-L_2012351EN.01000101-E0014).

Holdings

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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.