Judgment of the Court (Seventh Chamber) of 17 October 2013 (request for a preliminary ruling from the Kúria – Hungary) – OTP Bank Nyilvánosan Működő Részvénytársaság v Hochtief Solutions AG
(Case C-519/12) 1
(Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001 – Special jurisdiction – Article 5(1)(a) – Concept of ‘matters relating to a contract’)
Language of the case: Hungarian
Referring court
Kúria
Parties to the main proceedings
Applicant: OTP Bank Nyilvánosan Működő Részvénytársaság
Defendant: Hochtief Solutions AG
Re:
Request for a preliminary ruling – Kúria – Interpretation of Article 5(1)(a) 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) – Jurisdiction of the court of a Member State in matters relating to a contract – Action by a creditor, on the basis of a credit agreement, against a company holding a controlling share in the debtor company which is a party to the contract pursuant to the specific national rules governing the liability of the first company
Operative part of the judgment
An action such as that in the main proceedings, in which national legislation renders a person liable for the debts of a company which he controls, where that person did not comply with the reporting obligations following the acquisition of that company, cannot be regarded as concerning ‘matters relating to a contract’ for the purposes of Article 5(1)(a) 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.
____________1 OJ C 46, 16.2.2013.