28.8.2017

Official Journal of the European Union

C 283/22

(Case C-308/17)

(2017/C 283/30)

Language of the case: German

Referring court

Parties to the main proceedings

Defendant and appellant on a point of law: Hellenic Republic

Applicant and respondent in the appeal on a point of law: Leo Kuhn

Questions referred

Must Article 7(1)(a) of Regulation (EU) No 1215/2012 be interpreted as meaning that:

1.even in the case — as here — of the repeated contractual transfer of a claim, the place of performance within the meaning of that provision is determined by the first contractual agreement?

2.in the case of the assertion of a claim seeking compliance with the terms of a government bond such as that specifically issued by the Hellenic Republic in the present case, or seeking damages for non-fulfilment of that claim, the actual place of performance is established immediately upon the payment of interest from that government bond into an account of a person holding a domestic securities portfolio?

3.the fact that a legal place of performance within the meaning of Article 7(1)(a) of that regulation was established by the first contractual agreement precludes the assumption that the subsequent actual performance of a contract establishes a — further — place of performance within the meaning of that provision?

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 (OJ 2012 L 351, p. 1).

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Language of the case: German.