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?
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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).