Official Journal of the European Union

C series

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C/2025/4574

(Case C-344/25, Eurovo)

(C/2025/4574)

Language of the case: German

Referring court

Parties to the main proceedings

Appellant on a point of law: EUROVO S.r.l.

Respondent on a point of law: Zimmerer Erben GmbH

Questions referred

Is the term ‘market[ing]’ within the meaning of Article 5(1) of Regulation (EC) 864/2007 (1) to be interpreted as meaning that a product is marketed in the country in which the final consumer acquires it from the distributor even in the case where the manufacturer, which is established in another country, has previously handed over the product, at its place of establishment, to a carrier which has delivered the product directly to the place where the final consumer is established, or, in those circumstances, does the marketing take place, also in relation to the final consumer, in the country in which the manufacturer is established?

Is the term ‘market[ing]’ within the meaning of Article 5(1) of Regulation 864/2007 to be interpreted as meaning that a product can be marketed not only by the manufacturer itself but also by a third party such as, for example, a distributor which has acquired it from the manufacturer?

If Question 2 is to be answered in the affirmative, is the ‘marketing’ of the specific defective/damaging product in the country of the end customer precluded in that event if the end customer acquires or leases the product from the distributor as a component of a larger technical system which the distributor installs at the purchaser’s premises?

Which national law is applicable if none of the connecting factors provided for in Article 5(1) of Regulation 864/2007 is present?

When assessing whether a product has been marketed in a particular country within the meaning of Article 5(1) of Regulation 864/2007, must regard be had to the specific defective/damaging product, or is it sufficient if, in any case, an identical product or a product of the same type has been marketed in the particular country?

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Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) (OJ 2007 L 199, p. 40).

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ELI: http://data.europa.eu/eli/C/2025/4574/oj

ISSN 1977-091X (electronic edition)

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