35Second, as regards the scheme of the provisions of Section 3 of Chapter II of Regulation No 1215/2012, it must be borne in mind that Regulation No 44/2001 extended the list of parties which may bring an action against the insurer before a court by also including the insured persons in Article 9(1)(b) of the latter regulation, which became Article 11(1)(b) of Regulation No 1215/2012, without making any distinction on the basis of the type of risks insured. The protection thus conferred on insured parties would, however, be ineffective if, in the case of insurance contracts relating to ‘large risks’, the competent court were to be determined on the basis of a jurisdiction clause to which the insured had not subscribed.
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