Request for a preliminary ruling from the Amtsgericht Simmern/Hunsrück (Germany) lodged on 15 December 2023 – DN v Gebeco GmbH & Co. KG
(Case C-774/23, Gebeco)
Language of the case: German
Referring court
Amtsgericht Simmern/Hunsrück
Parties to the main proceedings
Applicant: DN
Defendant: Gebeco GmbH & Co. KG
Question referred
Is Article 18(1) of Regulation No 1215/2012 1 to be interpreted not only as governing international jurisdiction, but also as containing rules on the local jurisdiction of national courts in the field of contracts for travel, which must be complied with by the court ruling on an action where both the consumer, who is the traveller, and the other party to the contract, who is the tour operator, reside or are established in the same Member State but the destination is not in that Member State, but is abroad (so-called ʻfalse domestic situationsʼ), with the result that, in addition to the rights afforded under provisions of national law on jurisdiction, the consumer can also bring contractual claims against the tour operator in his place of domicile?
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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).