22.10.2011 |
EN |
Official Journal of the European Union |
C 311/21 |
Reference for a preliminary ruling from the Městský soud v Praze (Czech Republic) lodged on 10 August 2011 — Česká spořitelna, a.s. v Gerald Feichter
(Case C-419/11)
2011/C 311/36
Language of the case: Czech
Referring court
Městský soud v Praze
Parties to the main proceedings
Applicant: Česká spořitelna, a.s.
Defendant: Gerald Feichter
Questions referred
1. |
May the concept of matters concerning a contract concluded by a consumer for a purpose which can be regarded as being outside his trade or profession in Article 15(1) of Council Regulation (EC) No 44/2001 (1) be interpreted as extending also to claims under a promissory note issued in incomplete form brought by the payee against the giver of the aval for the maker of the note? |
2. |
Whether the answer to the first question is affirmative or negative, may the concept of claims relating to a contract in Article 5(1)(a) of Council Regulation (EC) No 44/2001 be interpreted in such a way that, having regard exclusively to the content of the document as such, it extends also to claims under a promissory note issued in incomplete form brought by the payee against the giver of the aval for the maker of the note? |
(1) Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; OJ 2001 L 12, p. 1.