Hellenische Republik v Kuhn: ECJ 4 Jul 2018

Opinion – Reference for a preliminary ruling – Regulation (EU) No 1215/2012 – Jurisdiction in civil and commercial matters – Scope – Article 1 (1) – Concept of’ civil and commercial matters’ – Obligations issued by a Member State – Participation to the restructuring of the public debt – Unilateral and retroactive modification of the conditions of the loan – Clauses of collective action – Recourse exercised against the State by private creditors holding these obligations as natural persons – Responsibility of the State for acta jure imperii – Special powers – Article 7 (1)(a) – Jurisdiction in contractual matters – Concept of ‘contractual matters’ – Concept of ‘free commitment of one party to another’ – Concept of ‘place of performance of the obligation on which the application is based ‘- Subscription conditions of the State bond – Successive transfers of the debt – Effective location of the’ principal obligation ‘- Payment of interest

Citations:

ECLI:EU:C:2018:528, C-308/17, [2018] EUECJ C-308/17 – O

Links:

Bailii

Jurisdiction:

European

Jurisdiction, Contract

Updated: 25 April 2022; Ref: scu.620027