The judgement concerns the interpretation of Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
Section 2 of Chapter II of Regulation No 1215/2012, entitled “Special jurisdiction”, contains Article 7(1) thereof, which provides:
“A person domiciled in a Member State may be sued in another Member State:
- in matters relating to a contract, in the courts for the place of performance of the obligation in question;
- for the purpose of this provision and unless otherwise agreed, the place of performance of the obligation in question shall be:
— in the case of the sale of goods, the place in a Member State where, under the contract, the goods were delivered or should have been delivered,
— in the case of the provision of services, the place in a Member State where, under the contract, the services were provided or should have been provided;
- if point (b) does not apply then point (a) applies.”
The disputes filed by flightright GmbH vs Iberia LAE SA Operadora Unipersonal concern a journey with three connecting flights under a confirmed single booking for two passengers: the first leg (from Hamburg to London) operated by British Airways, the subsequent two legs (from London to Madrid and from Madrid to San Sebastián) operated by Iberia.