Judgment of the Court (First Chamber) of  13 October 2005  in Case C-73/04 (Reference for a preliminary ruling from the Oberlandesgericht Hamm): Brigitte and Marcus Klein v Rhodos Management Ltd (Brussels Convention — Jurisdiction in proceedings regarding tenancies of immoveable property — Time-share in immoveable property)
Date: 2005-12-10
Institutions: Court of Justice
Subjects: contract, interpretation of the law, real property, time-sharing

C 315/6

EN

Official Journal of the European Union

10.12.2005

— Article 11,

— Article 12(1)(d), as regards Gibraltar,

gues and E. Levits, Judges; L.A. Geelhoed, Advocate General, R.
Grass, Registrar, gave a judgment on 13 October 2005, the
operative part of which is as follows:

— Article 12(2),

— Article 12(4),

— Article 13(1),

— Article 14(2),

— Article 15,

— Article 16,

— the whole of Directive 92/43 beyond its territorial waters,

the United Kingdom of Great Britain and Northern Ireland has
failed to fulfil its obligations under that directive;

2. Dismisses the action as to the remainder;

3. Orders

the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

(1) OJ C 59, 06.03.2004.

On a proper construction of Article 16(1)(a) of the Convention of 27
September 1968 on Jurisdiction and the Enforcement of Judgments 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, that Article
does not apply to a club membership contract which, in return for a
membership fee which represents the major part of the total price,
allows members to acquire a right
to use on a time-share basis
immoveable property of a specified type in a specified location and
provides for the affiliation of members to a service which enables them
to exchange their right of use.

(1) OJ C 106 of 30.04.2004.

JUDGMENT OF THE COURT

(First Chamber)

of 15 September 2005

JUDGMENT OF THE COURT

(First Chamber)

of 13 October 2005

in Case C-73/04 (Reference for a preliminary ruling from
the Oberlandesgericht Hamm): Brigitte and Marcus Klein v
Rhodos Management Ltd (1)

(Brussels Convention — Jurisdiction in proceedings regarding
tenancies of immoveable property — Time-share in immove-
able property)

(2005/C 315/10)

(Language of the case: German)

in Case C-258/04: Reference for a preliminary ruling from
the Cour de travail de Liège in Office national de l'emploi
v Ioannis Ioannidis (1)

(Job-seekers — European citizenship — Principle of non-
discrimination — Article 39 EC — Tideover allowances for
young people seeking their first employment — Grant condi-
tional on completion of secondary education in the Member
State concerned)

(2005/C 315/11)

(Language of the case: French)

In Case C-73/04, reference for a preliminary ruling under the
Protocol of 3 June 1971 on the interpretation by the Court of
Justice of the Convention of 27 September 1968 on jurisdiction
and the enforcement of judgments in civil and commercial
matters,
from the Oberlandesgericht Hamm (Germany), by
Decision of 27 January 2004, received at the Court on 17
February 2004, in the proceedings pending before that court
between Brigitte and Marcus Klein and Rhodos Management
Ltd, the Court: (First Chamber) composed of P. Jann, President
of the Chamber, K. Schiemann, N. Colneric, J.N. Cunha Rodri-

In Case C-258/04: reference for a preliminary ruling under
Article 234 EC from the Cour de travail de Liège (Belgium),
made by decision of 7 June 2004, received at the Court on 17
June 2004, in the proceedings between Office national de l'em-
ploi and Ioannis Ioannidis — the Court
(First Chamber),
composed of P. Jann, President of the Chamber, N. Colneric,
Ilešič and E. Levits,
J.N. Cunha Rodrigues (Rapporteur), M.
Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass,
Registrar, gave a judgment on 15 September 2005, in which it
ruled: