Exclusive jurisdiction of the courts of the Member States of the European Union in matters relating to rights in rem in immovable property. Review of the case law of the Court of Justice of the European Union

JURISPRUDENȚA CURȚII DE JUSTIȚIE A UNIUNII EUROPENE

Abstract

This study aims to analyse the scope of application of Article 24(1) of Regulation 1215/2012, from the perspective of the interpretation of the autonomous concept of rights in rem in immovable property as it results from the case law of the Court of Justice of the European Union.

As regards the scope of Article 24(1) of Regulation No 1215/2012, as follows from the settled case-law of the Court of Justice, it is not sufficient that the action concerns a right in rem in immovable property or that the action has a link with immovable property in order to attract the jurisdiction of the court of the Member State in which the property is situated. On the contrary, the action must be based on a right in rem and not on a right in personam.

The Court has repeatedly held that that exclusive jurisdiction does not encompass all actions concerning rights in rem in immovable property, but only those which both come within the scope of Regulation No 1215/2012 and are actions which seek, first, to determine the extent, content, ownership or possession of immovable property or the existence of other rights in rem therein and, secondly, to provide the holders of those rights with protection for the powers which attach to their interest (judgments of 3 April 2014, Weber, C-438/12, EU:C:2014:212, paragraph 42; of 17 December 2015, Komu and Others, C-605/14, EU:C:2015:833, paragraph 26; and of 16 November 2016, Schmidt, C-417/15, EU:C:2016:881, paragraph 30).

Keywords: jurisdiction, Regulation, conflict of laws, foreign law, exclusive jurisdiction, real estate law, Court of Justice of the European Union