# C_2016305EN.01001201.xml

| 22.8.2016 | EN | Official Journal of the European Union | C 305/12 |
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22.8.2016

EN

Official Journal of the European Union

C 305/12

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Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 2 May 2016 — Saale Kareda v Stefan Benkö

(Case C-249/16)

(2016/C 305/17)

Language of the case: German

Referring court

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Parties to the main proceedings

Appellant on a point of law: Saale Kareda

Appellant on a point of law:

Respondent in the appeal on a point of law: Stefan Benkö

Respondent in the appeal on a point of law:

Questions referred

Questions referred

| 1. | Must Article 7(1) of 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 (1) (‘Regulation No 1215/2012’) be interpreted as meaning that, where a debtor under a (joint) credit agreement with a bank has, on his own, made the repayments due under that credit agreement, a reimbursement claim (compensation/recourse claim) brought by that debtor against the other debtor under that credit agreement constitutes a derived (secondary) contractual claim arising from that credit agreement? |
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1.

Must Article 7(1) of 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 (1) (‘Regulation No 1215/2012’) be interpreted as meaning that, where a debtor under a (joint) credit agreement with a bank has, on his own, made the repayments due under that credit agreement, a reimbursement claim (compensation/recourse claim) brought by that debtor against the other debtor under that credit agreement constitutes a derived (secondary) contractual claim arising from that credit agreement?

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| 2. | If Question 1 is answered in the affirmative:
  Is the place of performance of a debtor’s reimbursement claim (compensation/recourse claim) against the other debtor arising out of the underlying credit agreement to be determined






  a. | in accordance with the second indent of Article 7(1)(b) of Regulation No 1215/2012 (‘provision of services’) or |
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2.

If Question 1 is answered in the affirmative:

Is the place of performance of a debtor’s reimbursement claim (compensation/recourse claim) against the other debtor arising out of the underlying credit agreement to be determined

a.

in accordance with the second indent of Article 7(1)(b) of Regulation No 1215/2012 (‘provision of services’) or

| b. | in accordance with Article 7(1)(c), in conjunction with Article 7(1)(a), of Regulation No 1215/2012 on the basis of the lex causae? |
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b.

in accordance with Article 7(1)(c), in conjunction with Article 7(1)(a), of Regulation No 1215/2012 on the basis of the lex causae?

lex causae

| 3. | If Question 2.a is answered in the affirmative:
  Is the service characterising the credit agreement the granting of the loans by the bank, and is, therefore, the place of performance of that service determined in accordance with the second indent of Article 7(1)(b) of Regulation No 1215/2012 by the registered office of the bank, if the loans were provided exclusively at that place? |
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3.

If Question 2.a is answered in the affirmative:

Is the service characterising the credit agreement the granting of the loans by the bank, and is, therefore, the place of performance of that service determined in accordance with the second indent of Article 7(1)(b) of Regulation No 1215/2012 by the registered office of the bank, if the loans were provided exclusively at that place?

| 4. | If Question 2.b is answered in the affirmative:
  For the purpose of determining the place of performance for the non-performed contractual obligation in accordance with Article 7(1)(a) of Regulation No 1215/2012, is the decisive date






  a. | the date on which the two debtors took out the loans (March 2007) or |
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4.

If Question 2.b is answered in the affirmative:

For the purpose of determining the place of performance for the non-performed contractual obligation in accordance with Article 7(1)(a) of Regulation No 1215/2012, is the decisive date

a.

the date on which the two debtors took out the loans (March 2007) or

| b. | the dates on which the loan debtor entitled to recourse made to the bank the payments from which he derives the recourse claim (June 2012 to June 2014)? |
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b.

the dates on which the loan debtor entitled to recourse made to the bank the payments from which he derives the recourse claim (June 2012 to June 2014)?

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(1)  OJ 2012 L 351, p. 1.

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