42In that connection, it must be recalled that, according to the case-law of the Court on the interpretation of Article 27 of Regulation No 44/2001, an action seeking to have the defendant held liable for causing loss and ordered to pay damages, such as the action for indemnity in the main proceedings, has the same cause of action as an action brought by that defendant seeking a declaration that he is not liable for that loss (see, to that effect, Tatry, paragraph 45, and Case C‑133/11 Folien Fischer and Fofitec [2012] ECR, paragraph 49).
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