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Case C-185/15: Judgment of the Court (Third Chamber) of 12 October 2016 (request for a preliminary ruling from the Vrhovno sodišče — Slovenia) — Marjan Kostanjevec v F&S Leasing GmbH (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 6(3) — Definition of ‘counterclaim’ — Claim based on unjust enrichment — Payment of a sum due under a decision that has been set aside — Temporal application)
ECLI:EU:UNKNOWN:62015CA0185
62015CA0185
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Official Journal of the European Union
C 462/4
(Case C-185/15) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EC) No 44/2001 - Article 6(3) - Definition of ‘counterclaim’ - Claim based on unjust enrichment - Payment of a sum due under a decision that has been set aside - Temporal application))
(2016/C 462/05)
Language of the case: Slovene
Referring court
Parties to the main proceedings
Applicant: Marjan Kostanjevec
Defendant: F&S Leasing GmbH
Operative part of the judgment
Article 6(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that the court designated by that provision as regards counterclaims has jurisdiction to hear a counterclaim seeking the reimbursement on the ground of unjust enrichment of a sum corresponding to the amount agreed in an extrajudicial settlement, where that claim is brought in fresh legal proceedings between the same parties, following the setting aside of the judgment delivered in the original proceedings between them, the enforcement of which gave rise to the extrajudicial settlement.
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Language of the case: Slovene.