AG München; 2015-09-30; 412 C 18198/15
Decision by national courts in the field of European Union law — ECLI:DE:AGMUENC:2015:0930.412C18198.15.0A
Date: 2015-09-30
Subject matter: Judicial cooperation in civil matters
Origin: Germany

82015DE0930(51)_ENG_SUMJURE
JURE summary
JURE summary
The case concerns a claim for payment by the plaintiff, which was brought before an ordinary German court, the Amtsgericht Munich (hereinafter ‘the Court of First Instance’). The plaintiff is the owner of a parking lot located in Budapest who requests from the defendant the payment of EUR 115.10 for the use of the parking lot. The defendant violated the parking regulations and did not pay the fine.
The action is inadmissible since the Court of First Instance has no jurisdiction in regard to the payment requested. The payment claim is based on a warning notice for non-payment of an administrative offence and is therefore not a civil law dispute but a public law fine claim. Moreover, according to the plaintiff’s submissions, it is not an enforcement order but only a claim for payment.
The Court of First Instance would not have jurisdiction to hear the action even if the civil claim was already enforceable.  Proceedings relating to rights in rem in immovable property and to tenancies of immovable property, irrespective of the domicile of the parties, fall within the jurisdiction of the courts of the Member State in which the property (the car lot in question in Hungary) is situated, pursuant to Article 24(1) of the Brussels I Regulation (Recast) (1).
The claim was dismissed in its entirety.
(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.