Court of Justice of the European Union
ÖFAB, Östergötlands Fastigheter AB v Koot and another
(Case C‑147/12)
EU:C:2013:490
2013 April 17;
July 18
President of Chamber T von Danwitz
,Judges A Rosas, E Juhász, D Šváby, C Vajda
Advocate General M Wathelet
Conflict of lawsJurisdiction under Council RegulationSpecial jurisdictionMatters “relating to a contract”Matters “relating to tort, delict or quasi-delict”Place “where the harmful event occurred”Actions relating to debts owing to contractors for work carried out in Sweden brought against director and shareholder of insolvent Swedish-based companyDefendants both domiciled in The NetherlandsWhether actions excluded from scope of Regulation as “proceedings relating to the winding up of insolvent companies” or “analogous proceedings”Whether actions to be classified as matters relating to a contract or relating to tort, delict or quasi-delictWhether classification of company’s debts relevantWhether relevant that actions transferred from one creditor to anotherWhether Swedish court having jurisdiction to hear claim Council Regulation (EC) No 44/2001, arts 1(2)(b), 2(1), 5(1)(3)

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