In FBTO Schadeverzekeringen NV v Odenbreit Case C-463/06 – Butterworths Law Direct 13.12.07 the Court of Justice of the European Communities (Second Chamber) ruled on the interpretation of Article 11(2) of Council Regulation 44/2001, which refers to Article 9(1)(b).
Article 9(1)(b) provides:-
An insurer domiciled in a Member State may be sued:
(a) in the courts of the Member State where he is domiciled, or
(b) in another Member State, in the case of actions brought by the policyholder, the insured or a beneficiary, in the courts for the place where the plaintiff is domiciled,
Article 11(2) provides:-
2. Articles 8, 9 and 10 shall apply to actions brought by the injured party directly against the insurer, where such direct actions are permitted. It held that the reference in art 11(2) to art 9(1)(b) was to be interpreted as meaning that the injured party might bring an action directly against the insurer before the courts for the place in a member state where that injured party was domiciled, provided that such a direct action was permitted and the insurer was domiciled in a member state.