Case C- 102/15 Siemens Aktiengesellschaft Österreich (Brussels Regulation and 'administrative matters') [Archived]
Case C- 102/15 Siemens Aktiengesellschaft Österreich (Brussels Regulation and 'administrative matters') [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • Case C- 102/15 Siemens Aktiengesellschaft Österreich (Brussels Regulation and 'administrative matters') [Archived]
  • Case facts
  • Timeline
  • Related/relevant cases

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the decision of 28 July 2016; it is no longer maintained.

See further: timeline and related/relevant cases

Case facts

Outline National reference from the Hungarian Fővárosi Ítélőtábla to the Court of Justice requesting a preliminary ruling under Article 267 TFEU seeking to clarify whether claims in restitution on the ground of unjust enrichment come within the head of jurisdiction under Regulation (EC) No 44/2001 (Brussels Regulation) relating to ‘tort, delict or quasi-delict’ (taken together, ‘non-contractual liability’).

On 28 July 2016, the Court of Justice ruled that an action for recovery of 'sums not due' on the ground of unjust enrichment (which the case at hand, has its origin in the repayment of a fine imposed in competition law proceedings) does not fall within the concept of ‘civil and commercial matters’ within the meaning the Brussels Regulation—confirming that the Brussels Regulation does not apply because the matter in question arises from a purely 'administrative matter'.

The matter provides an opportunity to clarify the scope of the Brussels Regulation—in particular, to clarify whether a claim for reimbursement of an interest payment made to a party established in a different Member State (on the ground that the