Judgment_paragraph 26 · Česká spořitelna, a.s. v Gerald Feichter (C-419/11)

26Next, it must be observed that Article 15(1) of Regulation No 44/2001 constitutes a derogation both from the general rule of jurisdiction laid down in Article 2(1) of the regulation, which confers jurisdiction on the courts of the Member State in which the defendant is domiciled, and from the rule of special jurisdiction for contracts, set out in Article 5(1) of the regulation, under which jurisdiction lies with the courts of the place of performance of the obligation on which the claim is based (Pammer and Hotel Alpenhof, paragraph 53, and Mühlleitner, paragraph 26). Thus, Article 15(1) must necessarily be interpreted strictly (see, to that effect, Mühlleitner, paragraph 27).