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Document 62012CN0098

    Case C-98/12: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 24 February 2012 — Wim J. J. Slot v 3 H Camping-Center Heinsberg GmbH

    IO C 126, 28.4.2012, p. 9–9 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    24/02/2012
    Date lodged:
    24/02/2012
    Author:
    An Chúirt Bhreithiúnais
    Form:
    Faisnéis bhreithiúnach
    Authentic language:
    Gearmáinis
    Type of procedure:
    Tarchur le haghaidh réamhrialú
    Link
    Select all documents mentioning this document
    Case affecting:
    • request for interpretation 32001R0044 airteagal 15 P.1.C
    Link

    28.4.2012   

    EN

    Official Journal of the European Union

    C 126/9

    Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 24 February 2012 — Wim J. J. Slot v 3 H Camping-Center Heinsberg GmbH

    (Case C-98/12)

    2012/C 126/17

    Language of the case: German

    Referring court

    Bundesgerichtshof

    Parties to the main proceedings

    Appellant: Wim J. J. Slot

    Respondent: 3 H Camping-Center Heinsberg GmbH

    Questions referred

    1.

    Is there a matter relating to a consumer contract within the meaning of Article 15(1)(c) of Regulation No 44/2001 (1) if a trader has, by the design of his website, directed his activities to another Member State and a consumer domiciled in the territory of that Member State, on the basis of the information on the trader’s website, travels to where his business is located and the parties sign the contract there,

    or

    does Article 15(1)(c) of Regulation No 44/2001 presuppose in that case that a distance contract is concluded?

    2.

    If Article 15(1)(c) of Regulation No 44/2001 is to be interpreted as meaning that in that case the contract must in principle be a distance contract:

    Does the consumer jurisdiction under Article 15(1)(c) in conjunction with Article 16(2) of Regulation No 44/2001 apply if the parties to the contract enter into a distance pre-contractual commitment which subsequently flows directly into the conclusion of the contract?

    (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.

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