Judgment of the Court (Sixth Chamber) of 11 April 2019.
ZX v Ryanair DAC.
Request for a preliminary ruling from the Juzgado de lo Mercantil n° 1 de Gerona.
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Determination of the court having jurisdiction to hear an application for compensation in respect of a delayed flight — Article 7(5) — Operations of a branch — Article 26 — Implied prorogation — Requirement that the defendant enter an appearance.
Case C-464/18. (2019)
Language: English

In those circumstances, the Juzgado de lo Mercantil No 1 de Gerona (Commercial Court No 1, Girona, Spain) decided to stay the proceedings and refer the following questions to the Court of Justice for a preliminary ruling:
‘(1)
Does the concept of implied prorogation of jurisdiction laid down in and governed by Article 26 of [Regulation No 1215/2012] require, in all respects, an autonomous interpretation common to all the Member States, which cannot, therefore, be made subject to limitations laid down in Member States’ rules on domestic jurisdiction?
(2)
Is the concept of implied prorogation of jurisdiction laid down in and governed by Article 26 of [Regulation No 1215/2012] a “pure” rule of international jurisdiction, which determines exclusively the courts of a particular Member State but leaves it to the procedural law of that Member State to specify the court with territorial jurisdiction or, on the other hand, is it a rule of both international and territorial jurisdiction?
(3)
In the light of the facts of the case, can a situation involving a flight which is operated by an airline domiciled in another Member State, but which departs from or arrives in a Member State where that airline has a branch providing ancillary services to the airline but through which the tickets were not purchased, be deemed to constitute a dispute arising out of the operations of a branch, agency or other establishment, which is the basis for the connecting factor for the ground of jurisdiction laid down in Article 7(5) of [Regulation No 1215/2012]?’

Legal relationship diagram (Graphviz):
digraph {
    rankdir=LR;
    node [shape=box];
    
   "The Juzgado de lo Mercantil No 1 de Gerona (Commercial Court No 1, Girona, Spain)"[shape=doubleoctagon];
   "The Court of Justice"[shape=doubleoctagon];
    
   "The Juzgado de lo Mercantil No 1 de Gerona (Commercial Court No 1, Girona, Spain)"->"Stay the proceedings"[dir=none];
   "The Juzgado de lo Mercantil No 1 de Gerona (Commercial Court No 1, Girona, Spain)"->"Questionsfor a preliminary ruling";
   "Questionsfor a preliminary ruling"->"The Court of Justice";
   "Questionsfor a preliminary ruling"->"Does the concept of implied prorogation of jurisdiction laid down in and governed by Article 26 of [Regulation No 1215/2012] require, in all respects, an autonomous interpretation common to all the Member States, which cannot, therefore, be made subject to limitations laid down in Member States’ rules on domestic jurisdiction?"[dir=none];
   "Questionsfor a preliminary ruling"->"Is the concept of implied prorogation of jurisdiction laid down in and governed by Article 26 of [Regulation No 1215/2012] a “pure” rule of international jurisdiction, which determines exclusively the courts of a particular Member State but leaves it to the procedural law of that Member State to specify the court with territorial jurisdiction or, on the other hand, is it a rule of both international and territorial jurisdiction?"[dir=none];
   "Questionsfor a preliminary ruling"->"In the light of the facts of the case, can a situation involving a flight which is operated by an airline domiciled in another Member State, but which departs from or arrives in a Member State where that airline has a branch providing ancillary services to the airline but through which the tickets were not purchased, be deemed to constitute a dispute arising out of the operations of a branch, agency or other establishment, which is the basis for the connecting factor for the ground of jurisdiction laid down in Article 7(5) of [Regulation No 1215/2012]?"[dir=none];
}