In a recent decision (C-463/06 of 13. December 2007) European Court of Justice held that an injured party in a road traffic accident may bring an action directly against the insurer before the courts for the place in a Member State where that injured party is domiciled, provided that such a direct action is permitted and the insurer is domiciled in a Member State. ECJ came to this conclusion due to a purposive or “teleological” interpretation of the Jurisdiction Regulation (EC 44/2001).Travelers within the EU injured in a road traffic accident in another member state may therefore sue “back home” provided that their national law permits direct action against the insurer and the latter is domiciled in an EU member state.Source: ECJ Press Release No 92/07.
