Source: All England Reporter
Publisher Citation: [2014] All ER (D) 13 (Feb)
Court: Court of Justice of the European Union (Fourth Chamber)
Judge:

Judges Bay Larsen, President of the Chamber, Safjan (Rapporteur), Malenovsky, Advocate General: Jääskinen

Judgment Dates: 16 January 2014

Catchwords

European Union - Jurisdiction - Civil and commercial matters - Proceedings concerning liability for defective product - Product manufactured in one member state and sold in another member state - Interpretation of concept of 'the place where the harmful event occurred or may occur' - Clarification of 'place of event giving rise to the damage' in respect of liability for defective goods - Council Regulation (EC) 44/2001, art 5(3).

The Case

European Union Jurisdiction. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 5(3) of Council Regulation (EC) 44-2001 (on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). The request had been made in proceedings between Mr Kainz, who was resident in Salzburg (Austria), and Pantherwerke AG, the registered office of which was in Germany, concerning a claim for damages on the basis of liability for a defective product brought by Mr Kainz following an accident which he had suffered, in Germany, while riding a bicycle manufactured in that member state by Pantherwerke AG but purchased from a retailer in Austria.

Practice Areas

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