Language of document :

Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 17 August 2023 – VariusSystems digital solutions GmbH v GR Inhaberin B & G

(Case C-526/23, VariusSystems)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: VariusSystems digital solutions GmbH

Defendant: GR Inhaberin B & G

Question referred

Must Article 7(1)(b) of Regulation No 1215/2012/EU 1 be interpreted as meaning that, in the case of an action relating to a contract, the place of performance for the development and ongoing operation of software designed to meet the individual needs of a customer established in Member State A (in this case Germany) is at the place where

(a)    the intellectual creation (‘programming’) behind the software is performed by the undertaking established in Member State B (in this case Austria); or

(b)    the software reaches the customer, that is to say where it is accessed and used?

____________

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 (recast) (OJ 2012 L 351, p. 1).