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Document 62016CN0249
Case C-249/16: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 2 May 2016 — Saale Kareda v Stefan Benkö
Case C-249/16: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 2 May 2016 — Saale Kareda v Stefan Benkö
Case C-249/16: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 2 May 2016 — Saale Kareda v Stefan Benkö
IO C 305, 22.8.2016, p. 12–12
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
22.8.2016 |
EN |
Official Journal of the European Union |
C 305/12 |
Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 2 May 2016 — Saale Kareda v Stefan Benkö
(Case C-249/16)
(2016/C 305/17)
Language of the case: German
Referring court
Oberster Gerichtshof
Parties to the main proceedings
Appellant on a point of law: Saale Kareda
Respondent in the appeal on a point of law: Stefan Benkö
Questions referred
1. |
Must Article 7(1) of 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 (1) (‘Regulation No 1215/2012’) be interpreted as meaning that, where a debtor under a (joint) credit agreement with a bank has, on his own, made the repayments due under that credit agreement, a reimbursement claim (compensation/recourse claim) brought by that debtor against the other debtor under that credit agreement constitutes a derived (secondary) contractual claim arising from that credit agreement? |
2. |
If Question 1 is answered in the affirmative: Is the place of performance of a debtor’s reimbursement claim (compensation/recourse claim) against the other debtor arising out of the underlying credit agreement to be determined
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3. |
If Question 2.a is answered in the affirmative: Is the service characterising the credit agreement the granting of the loans by the bank, and is, therefore, the place of performance of that service determined in accordance with the second indent of Article 7(1)(b) of Regulation No 1215/2012 by the registered office of the bank, if the loans were provided exclusively at that place? |
4. |
If Question 2.b is answered in the affirmative: For the purpose of determining the place of performance for the non-performed contractual obligation in accordance with Article 7(1)(a) of Regulation No 1215/2012, is the decisive date
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