Reference for a preliminary ruling from the Bundesgerichtshof (Germany), lodged on 15 August 2012 — Hi Hotel HCF SARL v Uwe Spoering

(Case C-387/12)

2012/C 343/06

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Appellant on a point of law: Hi Hotel HCF SARL

Respondent on a point of law: Uwe Spoering

Question referred

Is Article 5(3) of Regulation (EC) No 44/2001 (1) to be interpreted as meaning that the harmful event occurred in one Member State (Member State A) in the case where the tort or delict which forms the subject-matter of the proceedings or from which claims are derived was committed in another Member State (Member State B) and consists in participation in the tort or delict (principal act) committed in the first Member State (Member State A)?

(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).