Table of Articles

Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters

	Title II - Jurisdiction
	S e c t i o n 3: Jurisdiction in matters relating to insurance

Art. 7

	Jurisdiction in matters relating to a contract - Concept - Action claiming avoidance of reinsurance contracts on the ground of breach by the reinsureds of their duty to provide correct and complete informations prior to the conclusion of the contract - Included - N° 1998/33
	Concept of insurance - Reinsurance contract - Excluded - N° 1998/33
	Concept of insurance - Contract of reinsurance - Exclusion - N° 2000/40

Art. 8

	Matters relating to insurance - Action brought against the insurer - Jurisdiction of the court for the place where the policy-holder is domiciled - Concepts of policy-holder, insurer, and beneficiary - Inclusion of these three categories within the right to claim against the insurer before the court for the place where the policy-holder is domiciled - N° 1999/35
	Actions brought against the insurer - Jurisdiction of the courts for the place of domicile of the policy-holder - Policy-holder - Concept - Absolute assignee - Exclusion - Action brought before the French courts by the beneficiaries, domiciled in France, under the estate of the policy-holder against the insurer domiciled in Switzerland - Lack of jurisdiction of the French courts - N° 2000/34
	Claims against the insurer - Jurisdiction of the court for the place where the policy-holder is domiciled - Ship insurance - National legislation requiring a pre-litigation procedure for the purpose of settling the insurer’s contribution (dispache) - Procedure not resulting in enforcement order - Incompatibility with the provisions of the Convention - Retained jurisdiction - N° 2001/55

Art. 8(1)

	Claims against the insurer - Civil liability insurance - Action for compensation brought in Germany by the injured party, also domiciled in Germany, directly against the insurer domiciled in Switzerland - Harmful event occurred in France - German courts lacking jurisdiction - N° 2009/32

Art. 8(2)

	Special jurisdiction – Matters relating to a contract – Employment contract – Action for compensation for accident at work brought simultaneously against employer and insurer – Maritime worker – Employer having its seat in Norway – Insurer having its seat in England – Portuguese courts lacking jurisdiction - N° 2008/46

Art. 10

Claims brought against the insurer - Direct action for compensation brought against the insurer (English) - Jurisdiction of the courts for the place where the harmful event occurred (Norway) - Conditions - Possibility of bringing a direct action depending on the lex causae - Preliminary determination of the lex causae in accordance with the private international law of the place where the harmful event occurred - N° 2002/52

Art. 10(2)

	Claims against the insurer - Civil liability insurance - Action for compensation brought in Germany by the injured party, also domiciled in Germany, directly against the insurer domiciled in Switzerland - Harmful event occurred in France - German courts lacking jurisdiction - N° 2009/32

Art. 11

	Action brought against the insurer - Jurisdiction of the court for the place where the policy-holder is domiciled - Concepts of policy-holder, insurer, and beneficiary - Inclusion of these three categories within the right to claim against the insurer before the court for the place where the policy-holder is domiciled - N° 1999/35

Art. 12

	Prorogation of jurisdiction - Clause conferring jurisdiction agreed upon before the entry into force of the Convention - Validity - Action brought after the entry into force of the Convention - Determination of validity according to the Convention - Invalidity - N° 1999/34
	Action brought against the insurer - Jurisdiction of the court for the place where the policy-holder is domiciled - Concepts of policy-holder, insurer, and beneficiary - Inclusion of these three categories within the right to claim against the insurer before the court for the place where the policy-holder is domiciled - N° 1999/35