CELEX: 62013CA0045
Language: en
Date: 2014-01-16 00:00:00
Title: Case C-45/13: Judgment of the Court (Fourth Chamber) of 16 January 2014 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Andreas Kainz v Pantherwerke AG (Request for a preliminary ruling — Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001 — Liability for a defective product — Product manufactured in one Member State and sold in another Member State — Interpretation of the concept of ‘the place where the harmful event occurred or may occur’ — Place of the event giving rise to the damage)

22.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 85/10
            
         Judgment of the Court (Fourth Chamber) of 16 January 2014 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Andreas Kainz v Pantherwerke AG
   (Case C-45/13) (1)
   
   (Request for a preliminary ruling - Jurisdiction in civil and commercial matters - Regulation (EC) No 44/2001 - Liability for a defective product - Product manufactured in one Member State and sold in another Member State - Interpretation of the concept of ‘the place where the harmful event occurred or may occur’ - Place of the event giving rise to the damage)
   2014/C 85/16
   Language of the case: German
   
      Referring court
   
   Oberster Gerichtshof
   
      Parties to the main proceedings
   
   
      Applicant: Andreas Kainz
   
      Defendant: Pantherwerke AG
   
      Re:
   
   Request for a preliminary ruling — Oberster Gerichtshof — Interpretation of Article 5(3) 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) — Liability for defective products — Goods manufactured in one Member State and sold in another Member State — Place where the harmful event occurred or may occur — Situation in which the place where the damage occurred (‘Erfolgsort’) is in the State where the goods were manufactured — Interpretation of the concept of the ‘place of the event giving rise to [the damage]’ (‘Handlungsort’).
   
      Operative part of the judgment
   
   Article 5(3) 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, in the case where a manufacturer faces a claim of liability for a defective product, the place of the event giving rise to the damage is the place where the product in question was manufactured.
   
      (1)  OJ C 147, 25.5.2013.