Case C-25/18: Judgment of the Court (First Chamber) of 8 May 2019 (request for a preliminary ruling from the Okrazhen sad — Blagoevgrad — Bulgaria) — Brian Andrew Kerr v Pavlo Postnov, Natalia Postnova (Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Regulation (EU) No 1215/2012 — Article 7(1)(a) — Special jurisdiction in matters relating to contract — Concept of ‘matters relating to a contract’ — Decision of the general meeting of the owners of property in a building — Obligation of the owners to pay annual financial contributions to the budget of the association of property owners as determined by that decision — Legal action seeking enforcement of that decision — Law applicable to contractual obligations — Regulation (EC) No 593/2008 — Article 4(1)(b) and (c) — Concepts of ‘contract for the provision of services’ and ‘a contract relating to a right in rem in immovable property’ — Decision of the general meeting of the owners of property in a building relating to maintenance costs for communal areas)
Date: 2019-05-08
Institutions: Court of Justice
Subjects: contract, enforcement of ruling, judicial cooperation in civil matters in the EU, jurisdiction, maintenance, payment, provision of services, real property, services contract








C_2019230EN.01001101.xml










8.7.2019   


EN


Official Journal of the European Union


C 230/11






Judgment of the Court (First Chamber) of 8 May 2019 (request for a preliminary ruling from the Okrazhen sad — Blagoevgrad — Bulgaria) — Brian Andrew Kerr v Pavlo Postnov, Natalia Postnova
(Case C-25/18) (1)

(Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - Regulation (EU) No 1215/2012 - Article 7(1)(a) - Special jurisdiction in matters relating to contract - Concept of ‘matters relating to a contract’ - Decision of the general meeting of the owners of property in a building - Obligation of the owners to pay annual financial contributions to the budget of the association of property owners as determined by that decision - Legal action seeking enforcement of that decision - Law applicable to contractual obligations - Regulation (EC) No 593/2008 - Article 4(1)(b) and (c) - Concepts of ‘contract for the provision of services’ and ‘a contract relating to a right in rem in immovable property’ - Decision of the general meeting of the owners of property in a building relating to maintenance costs for communal areas)
(2019/C 230/12)
Language of the case: Bulgarian

Referring court

Okrazhen sad — Blagoevgrad

Parties to the main proceedings


Appellant: Brian Andrew Kerr

Respondents: Pavlo Postnov, Natalia Postnova

Operative part of the judgment







1.


Article 7(1)(a) of 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 must be interpreted as meaning that a dispute concerning a payment obligation arising from a decision taken by a general meeting of the owners of property in a building, which does not have legal personality and has been specifically established by law in order to exercise certain rights, — where that decision has been taken by a majority of members, but binds all members — must be regarded as falling within the concept of ‘matters relating to a contract’ within the meaning of that provision.










2.


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) must be interpreted as meaning that a dispute, such as that at issue in the main proceedings, concerning a payment obligation resulting from a decision of a general meeting of the owners of property in an apartment building, relating to the costs of maintaining the communal areas of that property, must be regarded as relating to a contract for the provision of services, within the meaning of that provision.






(1)  OJ C 112, 26.3.2018.