- Query in any language with multilingual search
- Access EUR-Lex and EU Commission case law
- See relevant paragraphs highlighted instantly
Similar Documents
Explore similar documents to your case.We Found Similar Cases for You
Case C-81/23, FCA Italy and FPT Industrial: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 15 February 2023 — MA v FCA Italy SpA and FPT Industrial SpA
ECLI:EU:UNKNOWN:62023CN0081
62023CN0081
With us you find everything. Try it now!
I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
22.5.2023
EN
Official Journal of the European Union
C 179/15
(Case C-81/23, FCA Italy and FPT Industrial)
(2023/C 179/24)
Language of the case: German
Referring court
Parties to the main proceedings
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
Question referred
Must point 2 of Article 7 of Regulation (EU) No 1215/2012 (1) 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 (‘Regulation (EU) No 1215/2012’) be interpreted as meaning that, in an action for tortious liability against the developer of a diesel engine with a prohibited defeat device within the meaning of Article 5(2) of Regulation (EC) No 715/2007 (2) on type approval, the place where the harmful event occurred in a case where the vehicle was bought by the applicant domiciled in Member State B (in this case: Austria) from a third party established in Member State C (in this case: Germany) is
a)the place where the contract was concluded;
b)the place where the vehicle was delivered, or
c)the place where the physical defect constituting the damage occurred and, therefore, the place where the vehicle is normally 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).
(2) Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ 2007 L 171, p. 1).