Jurisdiction Under Art. 11 of the Brussels Ibis Regulation

Article 11 of Brussels I Regulation (recast) is included in the specific section that regulates rules of jurisdiction in matters relating to insurance as an instrument to protect the weaker party. Its application, as opposed to consumer and employment contracts, is characterised by the fact that it requires the insurer to be domiciled in a Member State. There is a legal fiction that treats the existence of a branch to the domicile. The rules of jurisdiction are configured asymmetrically in favour of the weaker party, which allow suing the insurer in the courts of his own domicile, in addition to the general criteria of the defendant’s domicile and the special rule on co-insurance.