The Judgment published the 13th of July (it can be accessed in this link), the Eighth Chamber of the ECJ, addressing a preliminary ruling presented by the Danish Supreme Court, understand that jurisdiction clauses in marine insurance contracts as defined in article 14 of the Regulation no. 44/2001 are not enforceable against third parties exercising direct action against insurers. This Judgment is of utmost importance for the marine insurance market since it may affect the exercise of direct claims against P&I clubs.
The said Judgment is prior to the coming into force of Regulation no. 1215/2012 and is based on the agreement but the new regime does not alter the provisions to which the Judgment refers.