# C_2019263EN.01001801.xml

| 5.8.2019 | EN | Official Journal of the European Union | C 263/18 |
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5.8.2019

EN

Official Journal of the European Union

C 263/18

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Judgment of the Court (Sixth Chamber) of 6 June 2019 (request for a preliminary ruling from the Szekszárdi Járásbíróság — Hungary) — Ágnes Weil v Géza Gulácsi

(Case C-361/18) (1)

(Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EU) No 1215/2012 - Article 66 - Temporal scope - Regulation (EC) No 44/2001 - Material scope - Civil and commercial matters - Article 1(1) and (2)(a) - Matters excluded - Rights in property arising out of a matrimonial relationship - Article 54 - Application for the certificate certifying that the judgment given by the court of origin is enforceable - Judgment given concerning a debt stemming from the settlement of rights in property arising out of an unregistered non-marital partnership)

(2019/C 263/22)

Language of the case: Hungarian

Referring court

Szekszárdi Járásbíróság

Parties to the main proceedings

Applicant: Ágnes Weil

Defendant: Géza Gulácsi

Operative part of the judgment

| 1. | Article 54 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that a Member State’s court hearing an application for a certificate certifying that a judgment given by the court of origin is enforceable must, in a situation such as that at issue in the main proceedings, where the court which gave the judgment to be enforced did not adjudicate, when giving that judgment, on whether that regulation was applicable, ascertain whether the dispute falls within the scope of that regulation. |
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1.

Article 54 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that a Member State’s court hearing an application for a certificate certifying that a judgment given by the court of origin is enforceable must, in a situation such as that at issue in the main proceedings, where the court which gave the judgment to be enforced did not adjudicate, when giving that judgment, on whether that regulation was applicable, ascertain whether the dispute falls within the scope of that regulation.

| 2. | Article 1(1) and (2)(a) of Regulation No 44/2001 must be interpreted as meaning that an action, such as that at issue in the main proceedings, concerning an application for dissolution of the property relationships arising out a de facto (unregistered) partnership, comes within the concept of ‘civil and commercial matters’ within the meaning of Article 1(1) of that regulation and falls, therefore, within the material scope of that regulation. |
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2.

Article 1(1) and (2)(a) of Regulation No 44/2001 must be interpreted as meaning that an action, such as that at issue in the main proceedings, concerning an application for dissolution of the property relationships arising out a de facto (unregistered) partnership, comes within the concept of ‘civil and commercial matters’ within the meaning of Article 1(1) of that regulation and falls, therefore, within the material scope of that regulation.

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(1)  OJ C 311, 3.9.2018.

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