CELEX: 62017CN0308
Language: en
Date: 2017-05-29 00:00:00
Title: Case C-308/17: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 29 May 2017 — Hellenic Republic v Leo Kuhn

28.8.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 283/22
            
         Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 29 May 2017 — Hellenic Republic v Leo Kuhn
   (Case C-308/17)
   (2017/C 283/30)
   Language of the case: German
   
      Referring court
   
   Oberster Gerichtshof
   
      Parties to the main proceedings
   
   
      Defendant and appellant on a point of law: Hellenic Republic
   
      Applicant and respondent in the appeal on a point of law: Leo Kuhn
   
      Questions referred
   
   Must Article 7(1)(a) of Regulation (EU) No 1215/2012 (1) be interpreted as meaning that:
   
               1.
            
            
               even in the case — as here — of the repeated contractual transfer of a claim, the place of performance within the meaning of that provision is determined by the first contractual agreement?
            
         
               2.
            
            
               in the case of the assertion of a claim seeking compliance with the terms of a government bond such as that specifically issued by the Hellenic Republic in the present case, or seeking damages for non-fulfilment of that claim, the actual place of performance is established immediately upon the payment of interest from that government bond into an account of a person holding a domestic securities portfolio?
            
         
               3.
            
            
               the fact that a legal place of performance within the meaning of Article 7(1)(a) of that regulation was established by the first contractual agreement precludes the assumption that the subsequent actual performance of a contract establishes a — further — place of performance within the meaning of that provision?
            
         
      (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).