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Document 62017CN0308

    Case C-308/17: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 29 May 2017 — Hellenic Republic v Leo Kuhn

    OJ C 283, 28.8.2017, p. 22–22 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    29/05/2017
    Date lodged:
    29/05/2017
    Author:
    Court of Justice
    Form:
    Judicial information
    Authentic language:
    German
    Type of procedure:
    Reference for a preliminary ruling
    Link
    Select all documents mentioning this document
    Case affecting:
    • Submits a preliminary question about 32012R1215 article 7 paragraph 1 point (a)
    Link

    28.8.2017   

    EN

    Official Journal of the European Union

    C 283/22

    Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 29 May 2017 — Hellenic Republic v Leo Kuhn

    (Case C-308/17)

    (2017/C 283/30)

    Language of the case: German

    Referring court

    Oberster Gerichtshof

    Parties to the main proceedings

    Defendant and appellant on a point of law: Hellenic Republic

    Applicant and respondent in the appeal on a point of law: Leo Kuhn

    Questions referred

    Must Article 7(1)(a) of Regulation (EU) No 1215/2012 (1) be interpreted as meaning that:

    1.

    even in the case — as here — of the repeated contractual transfer of a claim, the place of performance within the meaning of that provision is determined by the first contractual agreement?

    2.

    in the case of the assertion of a claim seeking compliance with the terms of a government bond such as that specifically issued by the Hellenic Republic in the present case, or seeking damages for non-fulfilment of that claim, the actual place of performance is established immediately upon the payment of interest from that government bond into an account of a person holding a domestic securities portfolio?

    3.

    the fact that a legal place of performance within the meaning of Article 7(1)(a) of that regulation was established by the first contractual agreement precludes the assumption that the subsequent actual performance of a contract establishes a — further — place of performance within the meaning of that provision?

    (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 (OJ 2012 L 351, p. 1).

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