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Case C-102/15: Judgment of the Court (Second Chamber) of 28 July 2016 (request for a preliminary ruling from the Fővárosi Ítélőtábla — Hungary) — Gazdasági Versenyhivatal v Siemens Aktiengesellschaft Österreich (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Scope ratione materiae — Recovery of sum not due — Unjust enrichment — Debt arising from the unjustified repayment of a fine for infringement of competition law)
ECLI:EU:UNKNOWN:62015CA0102
62015CA0102
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Valentina R., lawyer
26.9.2016
Official Journal of the European Union
C 350/6
(Case C-102/15) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EC) No 44/2001 - Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - Scope ratione materiae - Recovery of sum not due - Unjust enrichment - Debt arising from the unjustified repayment of a fine for infringement of competition law))
(2016/C 350/07)
Language of the case: Hungarian
Referring court
Parties to the main proceedings
Applicant: Gazdasági Versenyhivatal
Defendant: Siemens Aktiengesellschaft Österreich
Operative part of the judgment
An action for recovery of sums not due on the ground of unjust enrichment, such as that at issue in the main proceedings, which has its origin in the repayment of a fine imposed in competition law proceedings does not fall within ‘civil and commercial matters’ within the meaning of Article 1 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.
(<span class="note">1</span>) OJ C 171, 26.5.2015.