Rome I

Article 14

Voluntary assignment and contractual subrogation

1. The relationship between assignor and assignee under a voluntary assignment or contractual subrogation of a claim against another person (the debtor) shall be governed by the law that applies to the contract between the assignor and assignee under this Regulation.

2. The law governing the assigned or subrogated claim shall determine its assignability, the relationship between the assignee and the debtor, the conditions under which the assignment or subrogation can be invoked against the debtor and whether the debtor's obligations have been discharged.

3. The concept of assignment in this Article includes outright transfers of claims, transfers of claims by way of security and pledges or other security rights over claims.

Holdings

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C-548/189 Oct 2019

BGL BNP Paribas SA v TeamBank AG Nürnberg

Article 14 of Regulation No 593/2008 does not determine - directly or by analogy - the law applicable to the third-party effects of an assignment where the same creditor assigns the same claim several times to successive assignees.

C-359/1421 Jan 2016

"ERGO Insurance" SE v "If P&C Insurance" AS and "Gjensidige Baltic" AAS v "PZU Lietuva" UAB DK

Article 14(b) of Directive 2009/103 does not lay down a conflict-of-law rule for an action for indemnity between insurers in circumstances like those at issue in the main proceedings. Where the rules of liability in tort, delict and quasi-delict applicable to the accident under Article 4 et seq. of Regulation No 864/2007 apportion the obligation to compensate for the damage, the law applicable to an action for indemnity by the insurer of a tractor unit, after it has compensated the victims of an accident caused by that vehicle's driver, against the insurer of the trailer coupled to it at the time of the accident is determined under Article 7 of Regulation No 593/2008.