Cross-border Debt Recovery Blog
by Marco Sposini
Laywer, Milan Bar Association
Worldwide debt recovery news
The Court of Justice on Articles 4(1), 15(h) and 19 of Regulation (EC) No 864/2007 (Rome II)
17 May 2023
The Court of Justice of the European Union, by judgment ECLI:EU:C:2023:417, dated 17 May 2023, in Case C-264/22 – in proceedings between the Fonds de garantie des victimes des actes de terrorisme et d’autres infractions (FGTI) and Victoria Seguros SA, an insurance company, concerning the reimbursement of compensation paid by FGTI to a victim of an accident which occurred in Portugal – ruled that Article 4(1), Article 15(h) and Article 19 of Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations (Rome II) must be interpreted as meaning that the law which governs the action of a third party subrogated to the rights of an injured party against the person who caused the damage and which determines, in particular, the rules on limitation in respect of that action is, in principle, that of the country in which that damage occurs.
The text is available here