Court of Justice (Fifth Chamber) 18 July 2013, C‑147/12 (ÖFAB, Östergötlands Fastigheter AB v Frank Koot and Evergreen Investments BV.)

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In a preliminary ruling under Article 267 TFEU, the Court of Justice (Fifth Chamber) held that the concept of 'matters relating to tort, delict or quasi-delict' in Article 5(3) of Regulation (EC) No 44/2001 covers actions brought by a creditor of a limited company seeking to hold liable a board member and a shareholder for the company's debts on the ground that they allowed the company to continue trading while undercapitalised and forced into liquidation, such actions being based not on freely assumed contractual obligations but on alleged breaches of legal duties. The Court further held that the 'place where the harmful event occurred' for jurisdictional purposes is the place to which the company's activities and related financial situation are connected, which in the main proceedings was the municipality of Åre (Sweden) where Copperhill had its seat and conducted its business. Finally, the Court ruled that the transfer of a claim from the original creditor to a third party has no impact on the determination of the court having jurisdiction under Article 5(3), as altering jurisdiction upon transfer would undermine the predictability requirement mandated by recital 11 of the Regulation.AI