# C_2014024EN.01000702.xml

| 25.1.2014 | EN | Official Journal of the European Union | C 24/7 |
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25.1.2014

EN

Official Journal of the European Union

C 24/7

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Request for a preliminary ruling from the Landgericht Kiel (Germany) lodged on 15 November 2013 — Hans-Jürgen Kickler and Others v Hellenic Republic

(Case C-578/13)

2014/C 24/13

Language of the case: German

Referring court

Referring court

Landgericht Kiel

Parties to the main proceedings

Parties to the main proceedings

Applicants: Hans-Jürgen Kickler, Walter Wöhlk, Zahnärztekammer Schleswig-Holstein Versorgungswerk

Applicants:

Defendant: Hellenic Republic

Defendant:

Questions referred

Questions referred

| 1. | Is Article 1 of Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (‘the Regulation’) (1) to be interpreted as meaning that an action by which the person acquiring government bonds of the defendant makes payment claims against the defendant in the form of claims for performance and damages is to be regarded as a ‘civil or commercial matter’, within the meaning of the first sentence of Article 1(1) of the Regulation, in the case where the acquirer did not accept the exchange offer made by the defendant at the end of February 2012, which was made possible by Greek Law No 4050/2012 (‘Greek-Bondholder-Act’)? |
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1.

Is Article 1 of Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (‘the Regulation’) (1) to be interpreted as meaning that an action by which the person acquiring government bonds of the defendant makes payment claims against the defendant in the form of claims for performance and damages is to be regarded as a ‘civil or commercial matter’, within the meaning of the first sentence of Article 1(1) of the Regulation, in the case where the acquirer did not accept the exchange offer made by the defendant at the end of February 2012, which was made possible by Greek Law No 4050/2012 (‘Greek-Bondholder-Act’)?

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| 2. | Does an action which is essentially based on the ineffectiveness or invalidity of the aforementioned Greek-Bondholder-Act concern the liability of a State for actions or omissions in the exercise of State authority, within the meaning of the second sentence of Article 1(1) of the Regulation? |
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2.

Does an action which is essentially based on the ineffectiveness or invalidity of the aforementioned Greek-Bondholder-Act concern the liability of a State for actions or omissions in the exercise of State authority, within the meaning of the second sentence of Article 1(1) of the Regulation?

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(1)  Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 (OJ 2007 L 324, p. 79).

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