Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 1 February 2024 – NM, OU v TE

(Case C-77/24, Wunner ¹ )

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Appellants on a point of law: NM, OU

Respondent in the appeal on a point of law: TE

Questions referred

Must Article 1(2)(d) of Regulation (EC) No 864/2007 ¹ be interpreted as meaning that it also applies to claims for damages against an officer of a company which a creditor of the company bases on tortious liability for infringement of protective provisions (such as provisions of legislation on games of chance) by that officer?

If Question 1 is answered in the negative:

Must Article 4(1) of the abovementioned regulation be interpreted as meaning that, in the event of an action for damages based on tortious liability in respect of gaming losses suffered which is brought against an officer of a company offering online games of chance in Austria without a licence, the place where the damage occurred is determined by

(a)    the place from which the player effects credit transfers from his or her bank account to the player account maintained by the company,

(b)    the place where the company maintains the player account in which deposits from the player, winnings, losses and bonuses are entered,

(c)    the place from which the player places bets via that player account which ultimately result in a loss,

(d)    the player’s place of residence as the location of his or her claim to payment of the credit balance in his or her player account,

(e)    the location of the player’s main assets?

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¹ The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

¹ Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) (OJ 2007 L 199, p. 40).