Actio directa and Indirect Consequences of Damage in the Conflict-of-law Perspective

Abstract

The problems of indirect victims are considered in many European and non-European jurisdictions because of the fact that the traditional doctrine of compensating damage is based on the directly injured person. The question of determining the law applicable to civil law liability for human death in cross-border matters becomes all the more crucial. In this context, special attention should be paid to the judgment of the Court of Justice of 10 December 2015, C-350/14, Florin Lazar v. Allianz SpA, in which it was concluded that the law applicable in such situations is the law of the country where the direct damage occurred and was suffered by the directly injured party. In addition, claims for damages formulated by indirectly injured persons require analysis in the context of their assertion directly against the insurer of the person responsible for the damage (actio directa).