Case C‑478/12

Armin Maletic

and

Marianne Maletic

v

lastminute.com Gmbh

and

TUI Österreich GmbH

(Request for a preliminary ruling from the Landesgericht Feldkirch)

‛Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001 — Article 16(1) — Contract for travel concluded between a consumer domiciled in one Member State and a travel agency established in another Member State — Supplier of services used by the travel agency established in the Member State where the consumer is domiciled — Right of a consumer to bring an action against two undertakings before the court for the place of his domicile’

Summary — Judgment of the Court (Eighth Chamber), 14 November 2013

Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Jurisdiction over consumer contracts — Concept of other party to the contract — Contracting partner of the operator with which the consumer concluded that contract and which has its registered office in the Member State in which the consumer is domiciled — Included — Conditions

(Council Regulation No 44/2001, Art. 16(1))

The concept of ‘other party to the contract’ laid down in Article 16(1) of Regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that it also covers the contracting partner of the operator with which the consumer concluded that contract and which has its registered office in the Member State in which the consumer is domiciled, since the international element is present not only as regards the operator, but also as regards the contracting partner.

Even assuming that a single transaction may be divided into two separate contractual relationships, first, with the operator and, second, with the contracting partner, the second contractual relationship cannot be classified as ‘purely’ domestic since it was inseparably linked to the first contractual relationship which was made through the operator situated in another Member State.

(see paras 29, 32, operative part)

Case C‑478/12

Armin Maletic

and

Marianne Maletic

v

lastminute.com Gmbh

and

TUI Österreich GmbH

(Request for a preliminary ruling from the Landesgericht Feldkirch)

‛Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001 — Article 16(1) — Contract for travel concluded between a consumer domiciled in one Member State and a travel agency established in another Member State — Supplier of services used by the travel agency established in the Member State where the consumer is domiciled — Right of a consumer to bring an action against two undertakings before the court for the place of his domicile’

Summary — Judgment of the Court (Eighth Chamber), 14 November 2013

Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Jurisdiction over consumer contracts — Concept of other party to the contract — Contracting partner of the operator with which the consumer concluded that contract and which has its registered office in the Member State in which the consumer is domiciled — Included — Conditions

(Council Regulation No 44/2001, Art. 16(1))

The concept of ‘other party to the contract’ laid down in Article 16(1) of Regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that it also covers the contracting partner of the operator with which the consumer concluded that contract and which has its registered office in the Member State in which the consumer is domiciled, since the international element is present not only as regards the operator, but also as regards the contracting partner.

Even assuming that a single transaction may be divided into two separate contractual relationships, first, with the operator and, second, with the contracting partner, the second contractual relationship cannot be classified as ‘purely’ domestic since it was inseparably linked to the first contractual relationship which was made through the operator situated in another Member State.

(see paras 29, 32, operative part)