Općinski sud u Puli; 2014-05-15; R. H.; S. Ž. d.o.o.; P-646/2014-2
Decision by national courts in the field of European Union law — ECLI:HR:OSPU:2014:1
Date: 2014-05-15
Subject matter: Judicial cooperation in civil matters
Origin: Croatia

82014HR0515(51)_ENG_SUMJURE
JURE summary
JURE summary
The Općinski sud u Puli (hereinafter: Municipal Court in Pula) issued a decision in case number P-646/14 of 15 May 2014, which is a civil procedure between R. H. as a plaintiff represented by O. D. O. in P., and the defendant S. Ž. d.o.o., R. S., L. The proceeding was instituted to correct the registration of ownership in the land registry. In its decision, the Municipal Court in Pula declared itself incompetent to handle the case, and after the decision entered into force and effect, consigned the case to the factually and locally competent Trgovački sud u Rijeci, Stalna služba u Pazinu (hereinafter: Commercial Court in Rijeka, Permanent attendance in Pazin). Since the defendant is domiciled in the Republic of Slovenia, an EU Member State, the jurisdiction of a Croatian court in this civil procedure, the subject of which is the plaintiff's claim to register the ownership of a property located in the Republic of Croatia, is determined by provisions of Article 22(1) of the Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ("Brussels I Regulation"). According to the quoted provisions, in proceedings which have as their object rights concerning immovable property or tenancies of immovable property, the courts of the Member State in which the property is situated shall have exclusive jurisdiction, and therefore the Croatian court has the jurisdiction to act in this civil procedure.
The subject-matter and territorial jurisdiction of the Commercial Court in Rijeka, Permanent attendance in Pazin, arise also from provisions of Article 34(b)(1) and Article 56(1) of the Zakon o parničnom postupku, because this procedure involves a dispute between two legal entities. The provisions of the two aforementioned articles also allocate the exclusive local jurisdiction to the court on which territory the property is located. On 23 July 2014, after the cited decision had become legally valid, the file was transferred to the Commercial Court in Rijeka, with its permanent attendance in Pazin, which has the subject matter and territorial competence in this case.