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Case C-799/24, Babcock Montajes: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 20 November 2024 – Babcock Montajes S.A. v Kanadevia Inova Steinmüller GmbH

ECLI:EU:UNKNOWN:62024CN0799

62024CN0799

November 20, 2024
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Official Journal of the European Union

EN

C series

C/2025/1079

(Case C-799/24, Babcock Montajes)

(C/2025/1079)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Babcock Montajes S.A.

Respondent: Kanadevia Inova Steinmüller GmbH

Questions referred

1.Is the term ‘judgment’ in Article 36(1) of Regulation (EU) No 1215/2012 (the Brussels I Regulation) to be interpreted to the effect that the court of a Member State on which an agreement as referred to in Article 25 of the Brussels I Regulation confers exclusive jurisdiction (Article 31(2) of the Brussels I Regulation) must recognise a judgment by which a non-designated court of a Member State finds that the courts of that Member State have international jurisdiction if the judgment in question is an interim judgment, in other words, is not a decision which terminates a dispute?

2.If the answer to Question 1 is, in principle, in the affirmative: Does recognition of the interim judgment also depend on whether the interim judgment affirming the international jurisdiction of the courts of the Member State is binding on the non-designated court itself and/or whether the affirmation of international jurisdiction may be varied in the context of an appeal?

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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).

ELI: http://data.europa.eu/eli/C/2025/1079/oj

ISSN 1977-091X (electronic edition)

* * *

Language of the case: German.

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