19According to the referring court, the case-law of the Court does not provide an answer to that question, although certain aspects may be relevant. That court notes that, in particular, according to the judgment of 28 January 2015, Kolassa (C‑375/13, EU:C:2015:37), the concept of ‘matters relating to tort, delict or quasi-delict’ covers all actions which seek to establish the liability of a defendant and do not concern ‘matters relating to a contract’ within the meaning of Article 5(1) of that regulation. Similarly, the Court held, in the judgment of 21 April 2016, Austro-Mechana (C‑572/14, EU:C:2016:286), that Article 5(3) of that regulation must be interpreted as meaning that a claim for the payment of ‘fair compensation’ within the meaning of Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10) falls within matters relating to tort, delict or quasi-delict. By contrast, in his Opinion in Siemens Aktiengesellschaft Österreich (C‑102/15, EU:C:2016:225), Advocate General Wahl proposed that the Court interpret Article 5(3) of Regulation No 44/2001 as meaning that an action for recovery of sums unduly paid on the ground of unjust enrichment does not amount to a matter relating to tort, delict or quasi-delict.
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