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KG LEGAL PARTICIPATES IN online Seminar DEDICATED TO EU Regulation No 1215/2012 and enforcement of judgements

Article 16

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

(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 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).

SECTION 4

Jurisdiction over consumer contracts

Article 17

1.   In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this Section, without prejudice to Article 6 and point 5 of Article 7, if:

(a)

it is a contract for the sale of goods on instalment credit terms;

(b)

it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or

(c)

in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in the Member State of the consumer’s domicile or, by any means, directs such activities to that Member State or to several States including that Member State, and the contract falls within the scope of such activities.

2.   Where a consumer enters into a contract with a party who is not domiciled in a Member State but has a branch, agency or other establishment in one of the Member States, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that Member State.

3.   This Section shall not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation.

Article 18

1.   A consumer may bring proceedings against the other party to a contract either in the courts of the Member State in which that party is domiciled or, regardless of the domicile of the other party, in the courts for the place where the consumer is domiciled.

2.   Proceedings may be brought against a consumer by the other party to the contract only in the courts of the Member State in which the consumer is domiciled.

3.   This Article shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.

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