(a)

Is it a requirement of Article 13(3) of the Judgments Regulation (EC) No. 1215/2012 (1) that the cause of action on which the injured party relies in asserting a claim against the policy holder/insured involves a matter relating to insurance?

(b)

If the answer to (a) is ‘yes’, is the fact that the claim which the injured party seeks to bring against the policy holder/insured arises out of the same facts as, and is being brought in the same action as the direct claim brought against the insurer sufficient to justify a conclusion that the injured party’s claim is a matter relating to insurance even though the cause of action between the injured party and the policy holder/insured is unrelated to insurance?

(c)

Further and alternatively, if the answer to (a) is ‘yes’, is the fact that there is a dispute between the insurer and injured party concerning the validity or effect of the insurance policy sufficient to justify a conclusion that the injured party’s claim is a matter relating to insurance?

(d)

If the answer to (a) is ‘no’, is it sufficient that the joining of the policy holder/insured to the direct action against the insurer is permitted by the law governing the direct action against the insurer?