# C_2020137EN.01004001.xml

| 27.4.2020 | EN | Official Journal of the European Union | C 137/40 |
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27.4.2020

EN

Official Journal of the European Union

C 137/40

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Request for a preliminary ruling from the Obvodní soud pro Prahu 8 (Czech Republic) lodged on 26 February 2020 — mBank S.A. v PA

(Case C-98/20)

(2020/C 137/56)

Language of the case: Czech

Referring court

Obvodni soud pro Prahu 8

Parties to the main proceedings

Applicant: mBank S.A.

Defendant: PA

Questions referred

| 1. | Does the term ‘consumer’s domicile’ within the meaning of Article 17(1)(c) of Regulation No 1215/2012 (1) of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), effective from 10 January 2015, mean the consumer’s domicile as at the date on which the application was lodged or as at the date on which the relationship of obligation arose between the consumer and his contractual partner (i.e., for example, as at the date of the conclusion of a contract), that is, will an agreement be a consumer contract as provided for in Article 17(1)(c) of the Regulation cited even in the event that the consumer has, as at the date on which the application was lodged, his domicile in a Member State other than that in which the consumer’s contractual partner pursues commercial or professional activities? |
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1.

Does the term ‘consumer’s domicile’ within the meaning of Article 17(1)(c) of Regulation No 1215/2012 (1) of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), effective from 10 January 2015, mean the consumer’s domicile as at the date on which the application was lodged or as at the date on which the relationship of obligation arose between the consumer and his contractual partner (i.e., for example, as at the date of the conclusion of a contract), that is, will an agreement be a consumer contract as provided for in Article 17(1)(c) of the Regulation cited even in the event that the consumer has, as at the date on which the application was lodged, his domicile in a Member State other than that in which the consumer’s contractual partner pursues commercial or professional activities?

| 2. | Can a consumer having his domicile in another Member State under Article 7 of Regulation No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), effective from 10 January 2015, be sued in a court of the place where the obligation concerned was or should have been fulfilled (regardless of Article 18(2) and Article 26(2) of the Regulation) due to the fact that the consumer’s contractual party does not pursue commercial or professional activities in the State in which the consumer’s domicile is located as at the date of lodgment of the application? |
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2.

Can a consumer having his domicile in another Member State under Article 7 of Regulation No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), effective from 10 January 2015, be sued in a court of the place where the obligation concerned was or should have been fulfilled (regardless of Article 18(2) and Article 26(2) of the Regulation) due to the fact that the consumer’s contractual party does not pursue commercial or professional activities in the State in which the consumer’s domicile is located as at the date of lodgment of the application?

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

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