CJUE C-350/14, Lazar / Allianz, hotărârea din 10.12.2015

Extrasele exacte din hotărâre la care trimit ghidurile.

1. Dispozitiv; PDF p. 6 · limba originalului: en

   Article 4(1) Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (‘Rome II’), must be interpreted, in order to determine the law applicable to a non-contractual obligation arising from a road traffic accident, as meaning that the damage related to the death of a person in such an accident which took place in the Member State of the court seised and sustained by the close relatives of that person who reside in another Member State, must be classified as ‘indirect consequences’ of that accident, within the meaning of that provision.

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2. Punctul 21 până la dispozitiv (text primar consecutiv) · limba originalului: en

   21 As a preliminary point, it must be noted, first, that, as regards the interpretation of Article 4(1) of the Rome II Regulation, the need for a uniform application of EU law and the principle of equality require that the terms of a provision of EU law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an independent and uniform interpretation throughout the European Union (see, to that effect, judgment in in Kásler and Káslerné Rábai, C-26/13, EU:C:2014:282, paragraph 37). In accordance with settled case-law, in interpreting a provision of EU law, it is necessary to consider not only its wording but also the context in which it occurs and the objectives pursued by the rules of which it is part (judgment in Lanigan, C-237/15 PPU, EU:C:2015:474, paragraph 35 and the case-law cited). 22 In that connection, it must be observed that, according to Article 2 of the Rome II Regulation, ‘damage shall cover any consequence arising out of tort/delict’. 23 In order to identify the law applicable to a non-contractual obligation arising from a tort or delict, Article 4(1) of that regulation adopts the law of the country in which the ‘damage’ occurs, irrespective of the country in which the event giving rise to the damage occurred, and irrespective of the country or countries in which the ‘indirect consequences’ of that event occur. The damage which must be taken into account in order to determine the place where the damage occurred is the direct damage, as is clear from recital 16 of that regulation. 24 In the event of physical injuries caused to a person or the damage caused to goods, the EU legislature stated, in recital 17 in the preamble to the Rome II Regulation, that the county of the place where the direct damage occurs is the country of the place where the injuries were suffered or the goods were damaged. 25 It follows that, where it is possible to identify the occurrence of direct damage, which is usually the case with a road traffic accident, the place where the direct damage occurred is the relevant connecting factor for the determination of the applicable law, regardless of the indirect consequences of that accident. In the present case, the damage is constituted by the injuries which led to the death of Mr Lazar’s daughter, which, according to the referring court, occurred in Italy. The damage sustained by the close relatives of the deceased, must be regarded as indirect consequences of the accident at issue in the main proceedings, within the meaning of Article 4(1) of the Rome II Regulation. 26 That interpretation is confirmed by Article 15(f) of that regulation which confers on the applicable law the task of determining which are the persons entitled to claim damages, and which covers the situation, at issue in the main proceedings, of damage sustained by close relatives of the victim. 27 As the European Commission explained with regard to Article 11(g) of its Draft Proposal for a European Parliament and Council Regulation on the Law Applicable to Contractual Obligations (‘ROME II’) (COM(2003) 427 final), now Article 15(f) of the Rome II Regulation, the designated law also determines the persons entitled to compensation for damage they have sustained personally. That concept covers, in particular, whether a person other than the ‘direct victim’ may obtain compensation ‘by ricochet’, following damage sustained by the victim. That damage may be psychological, for example, the suffering caused by the death of a close relative, or financial, sustained for example by the children or spouse of a deceased person. 28 In the light of the above, it is necessary, first, to determine the law applicable to a legal act in order to be able to determine, on the basis of that, the persons who have sustained damage giving entitlement to compensation. ECLI:EU:C:2015:802 5 JUDGMENT OF 10. 12. 2015 — CASE C-350/14 LAZAR 29 Thus, the application of the law of the place where the direct damage was suffered contributes to the objective set out in recital 16 in the preamble to the Rome II Regulation, seeking to ensure the foreseeability of the applicable law, while avoiding the risk that the tort or delict is broken up in to several elements, each subject to a different law according to the places or the persons other than the direct victim who sustain damage. 30 It follows from all of the foregoing that the answer to the questions referred is that Article 4(1) of the Rome II Regulation must be interpreted, in order to determine the law applicable to a non-contractual obligation arising from a road traffic accident, as meaning that the damage related to the death of a person in such an accident which took place in the Member State of the court seised and sustained by the close relatives of that person who reside in another Member State, must be classified as ‘indirect consequences’ of that accident, within the meaning of that provision. Costs 31 Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable. On those grounds, the Court (Fourth Chamber) hereby rules: Article 4(1) Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (‘Rome II’), must be interpreted, in order to determine the law applicable to a non-contractual obligation arising from a road traffic accident, as meaning that the damage related to the death of a person in such an accident which took place in the Member State of the court seised and sustained by the close relatives of that person who reside in another Member State, must be classified as ‘indirect consequences’ of that accident, within the meaning of that provision. [Signatures] ECLI:EU:C:2015:802 6

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3. Punctul 23; PDF p. 5 (versiunea oficială engleză) · limba originalului: en

   In order to identify the law applicable to a non-contractual obligation arising from a tort or delict, Article 4(1) of that regulation adopts the law of the country in which the ‘damage’ occurs, irrespective of the country in which the event giving rise to the damage occurred, and irrespective of the country or countries in which the ‘indirect consequences’ of that event occur. The damage which must be taken into account in order to determine the place where the damage occurred is the direct damage, as is clear from recital 16 of that regulation.

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4. Punctul 25; PDF p. 5 (versiunea oficială engleză) · limba originalului: en

   It follows that, where it is possible to identify the occurrence of direct damage, which is usually the case with a road traffic accident, the place where the direct damage occurred is the relevant connecting factor for the determination of the applicable law, regardless of the indirect consequences of that accident. In the present case, the damage is constituted by the injuries which led to the death of Mr Lazar’s daughter, which, according to the referring court, occurred in Italy. The damage sustained by the close relatives of the deceased, must be regarded as indirect consequences of the accident at issue in the main proceedings, within the meaning of Article 4(1) of the Rome II Regulation.

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5. Punctul 26; PDF p. 5 (versiunea oficială engleză) · limba originalului: en

   That interpretation is confirmed by Article 15(f) of that regulation which confers on the applicable law the task of determining which are the persons entitled to claim damages, and which covers the situation, at issue in the main proceedings, of damage sustained by close relatives of the victim.

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6. Punctul 27; PDF p. 5 (versiunea oficială engleză) · limba originalului: en

   As the European Commission explained with regard to Article 11(g) of its Draft Proposal for a European Parliament and Council Regulation on the Law Applicable to Contractual Obligations (‘ROME II’) (COM(2003) 427 final), now Article 15(f) of the Rome II Regulation, the designated law also determines the persons entitled to compensation for damage they have sustained personally. That concept covers, in particular, whether a person other than the ‘direct victim’ may obtain compensation ‘by ricochet’, following damage sustained by the victim. That damage may be psychological, for example, the suffering caused by the death of a close relative, or financial, sustained for example by the children or spouse of a deceased person.

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7. Punctul 28; PDF p. 5 (versiunea oficială engleză) · limba originalului: en

   In the light of the above, it is necessary, first, to determine the law applicable to a legal act in order to be able to determine, on the basis of that, the persons who have sustained damage giving entitlement to compensation.

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8. Punctul 30; PDF p. 6 (versiunea oficială engleză) · limba originalului: en

   It follows from all of the foregoing that the answer to the questions referred is that Article 4(1) of the Rome II Regulation must be interpreted, in order to determine the law applicable to a non-contractual obligation arising from a road traffic accident, as meaning that the damage related to the death of a person in such an accident which took place in the Member State of the court seised and sustained by the close relatives of that person who reside in another Member State, must be classified as ‘indirect consequences’ of that accident, within the meaning of that provision.

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