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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)

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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