# C_2018112EN.01002101.xml

| 26.3.2018 | EN | Official Journal of the European Union | C 112/21 |
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26.3.2018

EN

Official Journal of the European Union

C 112/21

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Request for a preliminary ruling from the Okrazhen sad Blagoevgrad (Bulgaria) lodged on 16 January 2018 — Bryan Andrew Ker v Pavlo Postnov, Natalia Postnova

(Case C-25/18)

(2018/C 112/28)

Language of the case: Bulgarian

Referring court

Referring court

Okrazhen sad Blagoevgrad

Parties to the main proceedings

Parties to the main proceedings

Appellant: Bryan Andrew Ker

Appellant:

Respondents: Pavlo Postnov, Natalia Postnova

Respondents:

Questions referred

Questions referred

| 1. | Do the decisions of unincorporated associations created by operation of law due to the special ownership of a right, which are taken by a majority of their members but which bind all of them, including those who did not cast a vote, form the basis of a ‘contractual obligation’ for the purposes of determining international jurisdiction pursuant to Article 7(1)(a) of Regulation (EU) No 1215/2012? (1) |
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1.

Do the decisions of unincorporated associations created by operation of law due to the special ownership of a right, which are taken by a majority of their members but which bind all of them, including those who did not cast a vote, form the basis of a ‘contractual obligation’ for the purposes of determining international jurisdiction pursuant to Article 7(1)(a) of Regulation (EU) No 1215/2012? (1)

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| 2. | If the first question is answered in the negative: Are the rules on determining the applicable law for contractual relationships under Regulation (EC) No 593/2008 (2) of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) applicable to such decisions? |
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2.

If the first question is answered in the negative: Are the rules on determining the applicable law for contractual relationships under Regulation (EC) No 593/2008 (2) of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) applicable to such decisions?

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| 3. | If the first and the second questions are answered in the negative: Are the provisions of Regulation (EC) No 864/2007 (3) of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) applicable to such decisions, and which of the non-contractual bases of liability referred to in that regulation is relevant here? |
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3.

If the first and the second questions are answered in the negative: Are the provisions of Regulation (EC) No 864/2007 (3) of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) applicable to such decisions, and which of the non-contractual bases of liability referred to in that regulation is relevant here?

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| 4. | If the first or second question is answered in the affirmative: Should the decisions of unincorporated associations regarding expenditure for building maintenance be regarded as constituting a ‘contract for the provision of services’ within the meaning of Article 4(1)(b) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) or as a contract relating to a ‘right in rem’ or a ‘tenancy’ within the meaning of Article 4(1)(c) of that regulation? |
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4.

If the first or second question is answered in the affirmative: Should the decisions of unincorporated associations regarding expenditure for building maintenance be regarded as constituting a ‘contract for the provision of services’ within the meaning of Article 4(1)(b) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) or as a contract relating to a ‘right in rem’ or a ‘tenancy’ within the meaning of Article 4(1)(c) of that regulation?

in rem

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(1)  Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2012 L 351, p. 1).

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(2)  Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ 2008 L 177, p. 6).

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(3)  Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) (OJ 2007 L 199, p. 40).

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