Marcel Ciocîrlan

Home » Court of Justice of the European Union » Exclusive jurisdiction concerning …

Exclusive jurisdiction concerning …

…disputes having as object the right of pre-emption to purchase rights in rem in immovable property, set forth in the EU according to Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

In the judgement given on 3 April, 2014 in Case C-438/12 (Irmengard Weber v Mechthilde Weber) the Court Of Justice of the European Union held that:
(42) `…Article 16 of the Brussels Convention and, accordingly, Article 22(1) of Regulation No 44/2001, must be interpreted as meaning that exclusive jurisdiction of the courts of the Contracting State in which the property is situated does not encompass all actions concerning rights in rem in immovable property, but only those which both come within the scope of the Convention or of Regulation No 44/2001 and are actions which seek to determine the extent, content, ownership or possession of immovable property or the existence of other rights in rem therein and to provide the holders of those rights with protection for the powers which attach to their interest.`
(41) `…the essential reason for conferring exclusive jurisdiction on the courts of the Contracting State in which the property is situated is that the courts of the locus rei sitae are the best placed for reasons of proximity, to ascertain the facts satisfactorily and to apply the rules and practices which are generally those of the State in which the property is situated.`
(45) `…a right of pre-emption,…, which attaches to immovable property and which is registered with the Land Register, produces its effects not only with respect to the debtor, but guarantees the right of the holder of that right to transfer the property also vis-a-vis third parties`, unlike a right in personam which can be claimed only against its debtor,
and as a consequence, that
(47) an action `seeking a declaration of invalidity of the exercise of a right of pre-emption` attaching to an immovable property and which produces effects erga omnes must be settled by the court in whose exclusive jurisdiction the property is situated.
http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d2dc30db98bfc30018534f308e89af0a77b1e989.e34KaxiLc3qMb40Rch0SaxuNaxv0?text=&docid=150286&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=106624″>

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