Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 15 February 2023 — MA v FCA Italy SpA and FPT Industrial SpA

(Case C-81/23, FCA Italy and FPT Industrial)

(2023/C 179/24)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Appellant in the appeal on a point of law: MA

Respondents in the appeal on a point of law: FCA Italy SpA, FPT Industrial SpA

Question referred

Must point 2 of Article 7 of Regulation (EU) No 1215/2012 (1) of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (‘Regulation (EU) No 1215/2012’) be interpreted as meaning that, in an action for tortious liability against the developer of a diesel engine with a prohibited defeat device within the meaning of Article 5(2) of Regulation (EC) No 715/2007 (2) on type approval, the place where the harmful event occurred in a case where the vehicle was bought by the applicant domiciled in Member State B (in this case: Austria) from a third party established in Member State C (in this case: Germany) is

a)	the place where the contract was concluded;

b)	the place where the vehicle was delivered, or

c)	the place where the physical defect constituting the damage occurred and, therefore, the place where the vehicle is normally used?

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(1)  Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (OJ 2012 L 351, p. 1).

(2)  Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ 2007 L 171, p. 1).