HEUKING secures national jurisdiction for Federal Republic of Germany before CJEU
A HEUKING team led by Munich-based Partner Dr. Christian Strasser successfully represented the Federal Republic of Germany, specifically the German Patent and Trade Mark Office (DPMA), before the Court of Justice of the European Union (CJEU) in a cross-border insurance matter.
On April 30, 2025, the CJEU ruled that the Federal Republic of Germany may rely on national jurisdiction when asserting claims related to traffic accidents of federal officials occurring in another EU Member State, following continued remuneration during their incapacity to work. This applies even in cases involving foreign insurance companies. The judgment is based on the Brussels I bis Regulation, which permits injured parties to bring actions before the courts where the claimant is domiciled.
In the case at issue, the Federal Republic of Germany had brought a civil action against Spanish insurance company Mutua Madrileña Automovilista. The Federal Republic of Germany sought compensation for remuneration paid to a federal official during her incapacity to work following a traffic accident in Spain. Munich Local Court had declined international jurisdiction on the grounds that a State could not benefit from the protections afforded to the weaker position of a claimant. Munich I Regional Court referred the matter to the CJEU, which has now ruled in favor of Germany.
Impact on the insurance industry
Following this decision, insurance companies must be prepared to face more frequent lawsuits before the national courts of the injured party or their employer in cross-border cases. This could lead to a rise in legal disputes and higher administrative costs for insurers. At the same time, the decision enhances predictability and legal certainty in determining jurisdiction, which may influence insurers' planning and risk assessment.
HEUKING Partner Strasser has specialized in international civil procedure law since the start of his legal career and has frequently acted in precedent-setting cases.
Counsel to Federal Republic of Germany (German Patent and Trade Mark Office, Munich)
HEUKING:
Dr. Christian Strasser (Lead),
Yannick Greimann, LL.B. (University of London) (both Litigation & Arbitration), both Munich
