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Case C-526/23, VariusSystems: Judgment of the Court (Second Chamber) of 28 November 2024 (request for a preliminary ruling from the Oberster Gerichtshof – Austria) – VariusSystems digital solutions GmbH v GR, owner of the undertaking B & G (Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments – Regulation (EU) No 1215/2012 – Special jurisdiction – Claim in matters relating to a contract – Second indent of Article 7(1)(b) – Contract for the provision of services – Software developed in one Member State and adapted to the needs of a customer residing in another Member State – Place of performance)
ECLI:EU:UNKNOWN:62023CA0526
62023CA0526
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Official Journal of the European Union
C series
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C/2025/370
27.1.2025
(Case C-526/23, (1) VariusSystems)
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction and the recognition and enforcement of judgments - Regulation (EU) No 1215/2012 - Special jurisdiction - Claim in matters relating to a contract - Second indent of Article 7(1)(b) - Contract for the provision of services - Software developed in one Member State and adapted to the needs of a customer residing in another Member State - Place of performance)
(C/2025/370)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: VariusSystems digital solutions GmbH
Defendant: GR, owner of the undertaking B & G
Operative part of the judgment
The second indent of Article 7(1)(b) 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
must be interpreted as meaning that the ‘place of performance’ of a contract for the development and ongoing operation of software designed to meet the needs of a customer established in a Member State other than that in which the company that created, designed and programmed that software is established is the place where that customer accesses the software, that is to say, consults and uses it.
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(1) OJ C C/2023/127.
ELI: http://data.europa.eu/eli/C/2025/370/oj
ISSN 1977-091X (electronic edition)
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