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Case C-242/20: Request for a preliminary ruling from the Visoki trgovački sud Republike Hrvatske (Croatia) lodged on 8 June 2020 — HRVATSKE Šume d.o.o., Zagreb, as the legal successor to HRVATSKE ŠUME javno poduzeće za gospodarenje šumama i šumskim zemljištima u Republici Hrvatskoj, p.o. Zagreb v BP EUROPA SE, as the legal successor to DEUTSCHE BP AG, as the legal successor to THE BURMAH OIL (Deutschland), GmbH
ECLI:EU:UNKNOWN:62020CN0242
62020CN0242
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Valentina R., lawyer
10.8.2020
Official Journal of the European Union
C 262/20
(Case C-242/20)
(2020/C 262/26)
Language of the case: Croatian
Referring court
Parties to the main proceedings
Applicant: HRVATSKE Šume d.o.o., Zagreb, as the legal successor to HRVATSKE ŠUME javno poduzeće za gospodarenje šumama i šumskim zemljištima u Republici Hrvatskoj, p.o. Zagreb
Defendant: BP EUROPA SE, as the legal successor to DEUTSCHE BP AG, as the legal successor to THE BURMAH OIL (Deutschland), GmbH
Questions referred
1.Do actions for recovery of sums unduly paid by way of unjust enrichment fall within the basic jurisdiction established in Council Regulation (EC) No 44/2001 (1) … in respect of ‘quasi-delicts’ since Article 5(3) thereof provides inter alia: ‘A person domiciled in a Member State may, in another Member State, be sued … in matters relating to … quasi-delict, in the courts for the place where the harmful event occurred or may occur’?
2.Since there is a time limit on seeking recovery of sums unduly paid in the same judicial enforcement proceedings, do civil proceedings which have been initiated fall within exclusive jurisdiction under Article 22(5) of Council Regulation (EC) No 44/2001 … which provides that in proceedings concerned with the enforcement of judgments, the courts of the Member State in which the judgment has been or is to be enforced is to have exclusive jurisdiction, regardless of domicile?
Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).