CELEX: 62018CN0646
Language: en
Date: 2018-10-15 00:00:00
Title: Case C-646/18: Request for a preliminary ruling from the Juzgado de lo Mercantil de Gerona (Spain) lodged on 15 October 2018 — OD v Ryanair D.A.C.

21.1.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 25/18
            
         
      Request for a preliminary ruling from the Juzgado de lo Mercantil de Gerona (Spain) lodged on 15 October 2018 — OD v Ryanair D.A.C.
      (Case C-646/18)
      (2019/C 25/22)
      Language of the case: Spanish
      
         Referring court
      
      Juzgado de lo Mercantil de Gerona
      
         Parties to the main proceedings
      
      
         Applicant: OD
      
         Defendant: Ryanair D.A.C.
      
         Questions referred
      
      
                  1.
               
               
                  Does the concept of implied prorogation of jurisdiction laid down in and governed by Article 26 of Regulation (EU) No 1215/2012 (1) require there to be any objective connection between the subject matter of the dispute or the domicile of the applicant and the court with which the claim is lodged?
               
            
                  2.
               
               
                  Does the concept of implied prorogation of jurisdiction laid down in and governed by Article 26(1) of Regulation (EU) No 1215/2012 require, in all respects, an autonomous interpretation common to all the Member States? Is it therefore unable to be made subject to limitations laid down in Member States’ rules on domestic jurisdiction, such as a provision that such jurisdiction is not valid in proceedings which, because of the small sum involved, are required by the Spanish Law on Civil Procedure to be heard under the simplified procedure?
               
            
         (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).