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14.8.2017 |
EN |
Official Journal of the European Union |
C 269/6 |
Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 24 May 2017 — Helga Löber v Barclays Bank PLC
(Case C-304/17)
(2017/C 269/09)
Language of the case: German
Referring court
Oberster Gerichtshof
Parties to the main proceedings
Applicant: Helga Löber
Defendant: Barclays Bank PLC
Question referred
Under Article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, (1) in non-contractual claims based on prospectus liability where
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the investor took his investment decision caused by the defective prospectus at the place where he is domiciled |
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and, on the basis of that decision, he transferred the purchase price for the security acquired on the secondary market from his account held with an Austrian bank to a clearing account held with another Austrian bank, from where the purchase price was subsequently transferred to the seller by order of the applicant, |
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(a) |
does jurisdiction lie with the court within whose area of jurisdiction the investor is domiciled, |
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(b) |
does jurisdiction lie with the court within whose area of jurisdiction the seat/the account-keeping branch of the bank with which the applicant has his bank account from which he transferred the amount invested to the clearing account is located, |
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(c) |
does jurisdiction lie with the court within whose area of jurisdiction the seat/the account-keeping branch of the bank which keeps the clearing account is located, |
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(d) |
does jurisdiction lie with one of those courts at the choice of the applicant, |
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(e) |
does jurisdiction lie with none of those courts? |