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Case C-526/23, VariusSystems: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 17 August 2023 — VariusSystems digital solutions GmbH v GR Inhaberin B & G
ECLI:EU:UNKNOWN:62023CN0526
62023CN0526
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Official Journal of the European Union
EN
Series C
C/2023/127
16.10.2023
(Case C-526/23, VariusSystems)
(C/2023/127)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: VariusSystems digital solutions GmbH
Defendant: GR Inhaberin B & G
Question referred
Must Article 7(1)(b) of Regulation No 1215/2012/EU (1) be interpreted as meaning that, in the case of an action relating to a contract, the place of performance for the development and ongoing operation of software designed to meet the individual needs of a customer established in Member State A (in this case Germany) is at the place where
(a)the intellectual creation (‘programming’) behind the software is performed by the undertaking established in Member State B (in this case Austria); or
(b)the software reaches the customer, that is to say where it is accessed and used?
(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 (recast) (OJ 2012 L 351, p. 1).
ELI: http://data.europa.eu/eli/C/2023/127/oj
ISSN 1977-091X (electronic edition)