Judgment of the Court (Seventh Chamber) of 17 October 2013 — OTP Bank

(Case C‑519/12)

‛Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Special jurisdiction — Article 5(1)(a) — Concept of ‘matters relating to a contract’’

1. Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Exclusive jurisdiction — Proceedings concerning companies or other legal persons or associations of natural or legal persons — Jurisdiction of the courts of the Member State in which the company has it seat — Scope — Action brought against a legal person seeking to have the latter held liable for the debts of a company under its control — Failure to comply with obligations to declare following the takeover of that company — Not included (Council Regulation No 44/2001, Art. 22, para. 2) (see para. 19)

2. Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Provisions of that regulation qualified as equivalent to those of the Brussels Convention — Interpretation of those provisions in conformity with the Court’s case-law in relation to the Convention (Convention of 27 September 1968; Council Regulation No 44/2001) (see paras 21, 22)

3. Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Special jurisdiction — Jurisdiction in ‘matters relating to a contract’, for the purposes of Article 5(1)(a) — Action brought against a legal person seeking to have the latter held liable for the debts of a company under its control — Failure to comply with obligations to declare following the takeover of that company — Not included (Council Regulation No 44/2001, Art. 5, para 1(a)) (see paras 23, 25, 27, operative part)

4. Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Special jurisdiction — Jurisdiction in tort, delict or quasi-delict — Meaning — Action brought against a legal person seeking to have the latter held liable for the debts of a company under its control — Failure to comply with obligations to declare following the takeover of that company — Not included (Council Regulation No 44/2001, Art. 5, para. 3) (see para. 26)

Re:

Request for a preliminary ruling — Kúria — Interpretation of Article 5(1)(a) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1) — Jurisdiction of the court of a Member State in matters relating to a contract — Action by a creditor, on the basis of a credit agreement, against a company holding a controlling share in the debtor company which is a party to the contract pursuant to the specific national rules governing the liability of the first company.

Operative part

An action such as that in the main proceedings, in which national legislation renders a person liable for the debts of a company which he controls, where that person did not comply with the reporting obligations following the acquisition of that company, cannot be regarded as concerning ‘matters relating to a contract’ for the purposes of Article 5(1)(a) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

Judgment of the Court (Seventh Chamber) of 17 October 2013 — OTP Bank

(Case C‑519/12)

‛Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Special jurisdiction — Article 5(1)(a) — Concept of ‘matters relating to a contract’’

1. Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Exclusive jurisdiction — Proceedings concerning companies or other legal persons or associations of natural or legal persons — Jurisdiction of the courts of the Member State in which the company has it seat — Scope — Action brought against a legal person seeking to have the latter held liable for the debts of a company under its control — Failure to comply with obligations to declare following the takeover of that company — Not included (Council Regulation No 44/2001, Art. 22, para. 2) (see para. 19)

2. Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Provisions of that regulation qualified as equivalent to those of the Brussels Convention — Interpretation of those provisions in conformity with the Court’s case-law in relation to the Convention (Convention of 27 September 1968; Council Regulation No 44/2001) (see paras 21, 22)

3. Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Special jurisdiction — Jurisdiction in ‘matters relating to a contract’, for the purposes of Article 5(1)(a) — Action brought against a legal person seeking to have the latter held liable for the debts of a company under its control — Failure to comply with obligations to declare following the takeover of that company — Not included (Council Regulation No 44/2001, Art. 5, para 1(a)) (see paras 23, 25, 27, operative part)

4. Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation No 44/2001 — Special jurisdiction — Jurisdiction in tort, delict or quasi-delict — Meaning — Action brought against a legal person seeking to have the latter held liable for the debts of a company under its control — Failure to comply with obligations to declare following the takeover of that company — Not included (Council Regulation No 44/2001, Art. 5, para. 3) (see para. 26)

Re:

Request for a preliminary ruling — Kúria — Interpretation of Article 5(1)(a) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1) — Jurisdiction of the court of a Member State in matters relating to a contract — Action by a creditor, on the basis of a credit agreement, against a company holding a controlling share in the debtor company which is a party to the contract pursuant to the specific national rules governing the liability of the first company.

Operative part

An action such as that in the main proceedings, in which national legislation renders a person liable for the debts of a company which he controls, where that person did not comply with the reporting obligations following the acquisition of that company, cannot be regarded as concerning ‘matters relating to a contract’ for the purposes of Article 5(1)(a) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.