Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 16 December 2011 - Land Berlin v Ellen Mirjam Sapir and Others
(Case C-645/11)
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Applicant: Land Berlin
Defendants: Ellen Mirjam Sapir, Michael J. Busse, Mirjam M. Birgansky, Gideon Rumney, Benjamin Ben-Zadok, Hedda Brown
Questions referred
Does a claim for the repayment of an amount unduly paid constitute a civil matter within the meaning of Article 1(1) of Regulation (EC) No 44/2001 in the circumstances where a Land ordered by a public authority to pay to victims by way of compensation part of the proceeds from a sale of land instead, erroneously, pays to those parties the entire purchase price?
Can claims be regarded as so closely connected as required pursuant to Article 6(1) of Regulation (EC) No 44/2001 where the defendants rely on additional compensation claims susceptible only to uniform determination?
Does Article 6(1) of Regulation (EC) No 44/2001 apply also to defendants not domiciled in the European Union? If that question is answered in the affirmative, does this also apply where, in the defendant's State of domicile, pursuant to a bilateral convention with the State determining the claim, recognition of the judgment might be refused for lack of jurisdiction?
____________1 - 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).