Source: EURLEX
Language: en
Format: md

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| European flag | Official Journal  of the European Union | EN  Series C |

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|  | C/2023/127 | 16.10.2023 |

Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 17 August 2023 — VariusSystems digital solutions GmbH v GR Inhaberin B & G

(Case C-526/23, VariusSystems)

(C/2023/127)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: VariusSystems digital solutions GmbH

Defendant: GR Inhaberin B & G

Question referred

Must Article 7(1)(b) of Regulation No 1215/2012/EU [(1)](#ntr1-C_202300127EN.000101-E0001) be interpreted as meaning that, in the case of an action relating to a contract, the place of performance for the development and ongoing operation of software designed to meet the individual needs of a customer established in Member State A (in this case Germany) is at the place where

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| (a) | the intellectual creation (‘programming’) behind the software is performed by the undertaking established in Member State B (in this case Austria); or |

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| (b) | the software reaches the customer, that is to say where it is accessed and used? |

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ELI: http://data.europa.eu/eli/C/2023/127/oj

ISSN 1977-091X (electronic edition)

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