Kainz v Pantherwerke AG

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.

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