Lazar (Opinion) [2015] EUECJ C-350/14_CO (10 September 2015)

Lazar (Opinion) [2015] EUECJ C-350/14_CO (10 September 2015)

Damage sustained by close relatives of a person who died in a road traffic accident constitutes 'indirect consequences' under Article 4(1) Rome II Regulation. The applicable law is that of the country where the accident occurred, not the country of residence of the relatives.

Citation
[2015] EUECJ C-350/14_CO
Parties
Applicant: Florin Lazar; Respondent: Allianz SpA
Jurisdiction
European Union
Procedural Posture
Reference for a Preliminary Ruling / Opinion of Advocate General
Outcome
Questions answered; interpretation provided
Legal Topics
Rome II Regulation, Non Contractual Obligations, Conflict of Law Rules, Traffic Accidents, Compensation for Material and Non Material Damage
Private International Law Civil Liability Judicial Cooperation Rome II Regulation Non Contractual Obligations Conflict of Law Rules Traffic Accidents Compensation for Material and Non Material Damage

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Parties

Florin Lazar

Applicant

Allianz SpA

Respondent

Procedural Posture

Reference for a Preliminary Ruling / Opinion of Advocate General

Legal Issues

  1. 1 Interpretation of Article 4(1) Rome II Regulation regarding 'country in which the damage occurs'
  2. 2 Classification of damage suffered by relatives of deceased accident victim as 'damage' or 'indirect consequences' under Rome II

Ratio Decidendi

Damage sustained by close relatives of a person who died in a road traffic accident constitutes 'indirect consequences' under Article 4(1) Rome II Regulation. The applicable law is that of the country where the accident occurred, not the country of residence of the relatives.

Court Disposition

Questions answered; interpretation provided

Orders

  • Article 4(1) Rome II Regulation must be interpreted as meaning that damage sustained by close relatives in their State of residence constitutes 'indirect consequences'; the applicable law is that of the country where the accident occurred.