Opinion of the Advocate General — ECLI:EU:C:1999:398
Date: 1999-09-09
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Brussels Convention of 27 September 1968;Brussels Convention of 27 September 1968 - Jurisdiction
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 
Convention on jurisdiction and the Enforcement of judgments — Exclusive jurisdic­
tion — Proceedings 'which have as their object tenancies of immovable property' — 
Definition — Action for damages for taking poor care of premises and causing damage to 
holiday accommodation — Included — Plaintiff, a professional tour operator, subrogated 
to the rights of the owner of the property — No effect 
(Convention of 27 September 1968, Art. 16(1)(a)) 
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SUMMARY — CASE C-8/98 
The rule laid down in Article 16(1)(a) of 
the Convention of 27 September 1968 on 
Jurisdiction and the Enforcement of Judg­
ments in Civil and Commercial Matters, as 
amended by the Convention of 9 October 
1978 on the Accession of the Kingdom of 
Denmark, Ireland and the United Kingdom 
of Great Britain and Northern Ireland, by 
the Convention of 25 October 1982 on the 
Accession of the Hellenic Republic, and by 
the Convention of 26 May 1989 on the 
Accession of the Kingdom of Spain and the 
Portuguese Republic, conferring exclusive 
jurisdiction in proceedings having as their 
object tenancies of immovable property is 
applicable to an action for damages for 
taking poor care of premises and causing 
damage to accommodation which a private 
individual had rented for a few weeks' 
holiday, even where the action is not 
brought directly by the owner of the 
property but by a professional tour opera­
tor from whom the person in question had 
rented the accommodation and who has 
brought legal proceedings after being sub­
rogated to the rights of the owner of the 
property. 
The ancillary clauses relating to insurance 
in the event of cancellation and to guaran­
tee of repayment of the price paid by the 
client, which are contained in the general 
terms and conditions of the contract con­
cluded between that organiser and the 
tenant, and which do not form the subject 
of the dispute in the main proceedings, do 
not affect the nature of the tenancy as a 
tenancy of immovable property within the 
meaning of that provision of the Conven­
tion. 
(see para. 38 and operative part) 
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