CELEX: 62017CN0306
Language: en
Date: 2017-05-26 00:00:00
Title: Case C-306/17: Request for a preliminary ruling from the Tatabányai Törvényszék (Hungary) lodged on 26 May 2017 — Éva Nothartová v József Boldizsár Sámson

14.8.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/8
            
         Request for a preliminary ruling from the Tatabányai Törvényszék (Hungary) lodged on 26 May 2017 — Éva Nothartová v József Boldizsár Sámson
   (Case C-306/17)
   (2017/C 269/11)
   Language of the case: Hungarian
   
      Referring court
   
   Tatabányai Törvényszék
   
      Parties to the main proceedings
   
   
      Applicant: Éva Nothartová
   
      Defendant: József Boldizsár Sámson
   
      Question referred
   
   Where there is a counterclaim arising from a contract or facts different from those on which the claim is based, for the purposes of determining jurisdiction to hear and determine the counterclaim:
   
               (a)
            
            
               Does only Article 8(3) of Regulation (EU) No 1215/2012 (‘the Brussels Ia Regulation’) (1) apply because only that provision concerns the counterclaim, or
            
         
               (b)
            
            
               Does Article 8(3) of the Brussels Ia Regulation refer solely to a counterclaim arising from the same contract or facts on which the claim is based, so that that regulation does not apply to a counterclaim which does not arise from the same contract or facts on which the claim is based, and for this reason must it be determined, in accordance with the other rules of jurisdiction under the Brussels Ia Regulation, that the court with jurisdiction to hear and determine the claim also has jurisdiction to hear and determine the counterclaim?
            
         
      (1)  Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2012 L 351, p. 1).