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Document 62015CN0012
Case C-12/15: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 14 January 2015 — Universal Music International Holding BV v Michael Tétreault Schilling and Others
Case C-12/15: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 14 January 2015 — Universal Music International Holding BV v Michael Tétreault Schilling and Others
Case C-12/15: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 14 January 2015 — Universal Music International Holding BV v Michael Tétreault Schilling and Others
OJ C 89, 16.3.2015, p. 12–13
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
16.3.2015 |
EN |
Official Journal of the European Union |
C 89/12 |
Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 14 January 2015 — Universal Music International Holding BV v Michael Tétreault Schilling and Others
(Case C-12/15)
(2015/C 089/13)
Language of the case: Dutch
Referring court
Hoge Raad der Nederlanden
Parties to the main proceedings
Appellant: Universal Music International Holding BV
Respondents: Michael Tétreault Schilling, Irwin Schwartz, Josef Brož
Questions referred
1. |
Must Article 5(3) of Regulation (EC) No 44/2001 (1) be interpreted as meaning that the ‘place where the harmful event occurred’ can be construed as being the place in a Member State where the damage occurred, if that damage consists exclusively of financial damage which is the direct result of unlawful conduct which occurred in another Member State? |
2. |
If the answer to Question 1 is in the affirmative:
|
3. |
If the answer to Question 1 is in the affirmative: must Regulation (EC) No 44/2001 be interpreted as meaning that the national court which is required to determine whether it has jurisdiction pursuant to that regulation in the present case is obliged, when making its determination, to proceed on the basis of the relevant submissions of the claimant or applicant in that regard, or is it obliged also to take into account the arguments put forward by the defendant to refute those submissions? |
(1) Council Regulation of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).