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Valentina R., lawyer
C series
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(Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EU) No 1215/2012 - Point 2 of Article 7 - Special jurisdiction in tort, delict or quasi-delict - Place where the damage occurred - Use on a vehicle of a defeat device that reduces the effectiveness of emission control systems - Contract for the sale of that vehicle concluded in a Member State other than the State in which the purchaser is domiciled and in which the manufacturer has its seat - Delivery of that vehicle and normal use of it in the Member State in which the purchaser is domiciled)
(C/2024/2398)
Language of the case: German
Appellant in the appeal on a point of law: MA
Respondents in the appeal on a point of law: FCA Italy SpA, FPT Industrial SpA
Point 2 of Article 7 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
must be interpreted as meaning that, where a vehicle, allegedly equipped by its manufacturer, in a first Member State, with an unlawful defeat device that reduces the effectiveness of emission control systems, has formed the subject of a contract of sale concluded in a second Member State and has been delivered to the purchaser in a third Member State, the place where the damage occurred, within the meaning of that provision, is in the latter Member State.
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(1) OJ C 179, 22.5.2023.
ELI: http://data.europa.eu/eli/C/2024/2398/oj
ISSN 1977-091X (electronic edition)
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