CELEX: 62011CA0133
Language: en
Date: 2012-10-25 00:00:00
Title: Case C-133/11: Judgment of the Court (First Chamber) of 25 October 2012 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Folien Fischer AG, Fofitec AG v Ritrama SpA (Area of freedom, security and justice — Jurisdiction in civil and commercial matters — Special jurisdiction in tort, delict or quasi-delict — Action for a negative declaration ( «negative Feststellungsklage» ) — Whether a person alleged to have committed a harmful act may bring a person who might be adversely affected, before the courts with jurisdiction for the place where the act allegedly occurred or may occur, seeking a declaration that there is no liability in tort or delict)

22.12.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 399/4
            
         Judgment of the Court (First Chamber) of 25 October 2012 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Folien Fischer AG, Fofitec AG v Ritrama SpA
   (Case C-133/11) (1)
   
   (Area of freedom, security and justice - Jurisdiction in civil and commercial matters - Special jurisdiction in tort, delict or quasi-delict - Action for a negative declaration («negative Feststellungsklage») - Whether a person alleged to have committed a harmful act may bring a person who might be adversely affected, before the courts with jurisdiction for the place where the act allegedly occurred or may occur, seeking a declaration that there is no liability in tort or delict)
   2012/C 399/05
   Language of the case: German
   
      Referring court
   
   Bundesgerichtshof
   
      Parties to the main proceedings
   
   
      Applicants: Folien Fischer AG, Fofitec AG
   
      Defendant: Ritrama SpA
   
      Re:
   
   Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of point (3) of Article 5 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) — Special jurisdiction in tort, delict or quasi-delict — Action for a negative declaration (negative Feststellungsklage) — Whether a person who may have committed a harmful act may bring the person potentially adversely affected before the courts with jurisdiction for the place where the act occurred or may occur, seeking a declaration that there is no liability in tort or delict.
   
      Operative part of the judgment
   
   Point (3) of Article 5 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 must be interpreted as meaning that an action for a negative declaration seeking to establish the absence of liability in tort, delict, or quasi-delict falls within the scope of that provision.
   
      (1)  OJ C 204, 9.7.2011.