Assens Havn v Navigators Management (UK) Limited
A victim who is entitled to bring a direct action against the insurer of the party that caused the harm is not bound by a jurisdiction agreement concluded between that insurer and that party.
Article 14
The following are the risks referred to in Article 13(5):
1\. any loss of or damage to:
(a) seagoing ships, installations situated offshore or on the high seas, or aircraft, arising from perils which relate to their use for commercial purposes;
(b) goods in transit other than passengers' baggage where the transit consists of or includes carriage by such ships or aircraft;
2\. any liability, other than for bodily injury to passengers or loss of or damage to their baggage:
(a) arising out of the use or operation of ships, installations or aircraft as referred to in point 1(a) in so far as, in respect of the latter, the law of the Member State in which such aircraft are registered does not prohibit agreements on jurisdiction regarding insurance of such risks;
(b) for loss or damage caused by goods in transit as described in point 1(b);
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 Council Directive 73/239/EEC(7), as amended by Council Directives 88/357/EEC(8) and 90/618/EEC(9), as they may be amended.
Section 4
Jurisdiction over consumer contracts
Assens Havn v Navigators Management (UK) Limited
A victim who is entitled to bring a direct action against the insurer of the party that caused the harm is not bound by a jurisdiction agreement concluded between that insurer and that party.
Realchemie Nederland BV v Bayer CropScience AG.
2. The costs relating to an exequatur procedure brought in a Member State, in the course of which the recognition and enforcement is sought of a judgment given in another Member State in proceedings seeking to enforce an intellectual property right, fall within Article 14 of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights.