CELEX: 62019CA0307
Language: en
Date: 2021-03-25 00:00:00
Title: Case C-307/19: Judgment of the Court (First Chamber) of 25 March 2021 (request for a preliminary ruling from the Visoki trgovački sud Republike Hrvatske — Croatia) — Obala i lučice d.o.o. v NLB Leasing d.o.o. (Reference for a preliminary ruling — Applicable law — Regulation (EC) No 864/2007 and Regulation (EC) No 593/2008 — Scope ratione temporis — Lack of jurisdiction of the Court — Article 94 of the Rules of Procedure of the Court — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 1(1) — Substantive scope — Concept of ‘civil and commercial matters’ — Article 7(1) — Concepts of ‘matters relating to a contract’ and ‘provision of services’ — Article 24(1) — Concept of ‘tenancies of immovable property’ — Regulation (EC) No 1393/2007 — Service of judicial and extrajudicial documents — Notaries acting in enforcement proceedings — Proceedings for the recovery of a debt relating to a daily parking ticket for a vehicle parked on the public highway)

31.5.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 206/9
            
         
      Judgment of the Court (First Chamber) of 25 March 2021 (request for a preliminary ruling from the Visoki trgovački sud Republike Hrvatske — Croatia) — Obala i lučice d.o.o. v NLB Leasing d.o.o.
      (Case C-307/19) (1)
      
      (Reference for a preliminary ruling - Applicable law - Regulation (EC) No 864/2007 and Regulation (EC) No 593/2008 - Scope ratione temporis - Lack of jurisdiction of the Court - Article 94 of the Rules of Procedure of the Court - Judicial cooperation in civil matters - Regulation (EU) No 1215/2012 - Article 1(1) - Substantive scope - Concept of ‘civil and commercial matters’ - Article 7(1) - Concepts of ‘matters relating to a contract’ and ‘provision of services’ - Article 24(1) - Concept of ‘tenancies of immovable property’ - Regulation (EC) No 1393/2007 - Service of judicial and extrajudicial documents - Notaries acting in enforcement proceedings - Proceedings for the recovery of a debt relating to a daily parking ticket for a vehicle parked on the public highway)
      (2021/C 206/11)
      Language of the case: Croatian
      
         Referring court
      
      Visoki trgovački sud Republike Hrvatske
      
         Parties to the main proceedings
      
      
         Applicant: Obala i lučice d.o.o.
      
         Defendant: NLB Leasing d.o.o.
      
         Operative part of the judgment
      
      
                  1.
               
               
                  Article 1(1) 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 an action for recovery of a fee relating to a daily parking ticket for a designated parking space situated on the public highway, brought by a company which has been appointed by a local authority to manage such parking spaces, comes within the concept of ‘civil and commercial matters’ within the meaning of that provision;
               
            
                  2.
               
               
                  Article 24(1) of Regulation No 1215/2012 must be interpreted as meaning that an action for recovery of a fee relating to a daily parking ticket for a designated parking space situated on the public highway does not come within the concept of ‘tenancies of immovable property’ within the meaning of that provision;
               
            
                  3.
               
               
                  Article 7(1) of Regulation No 1215/2012 must be interpreted as meaning, first, that an action for the recovery of a fee arising from a contract for parking in one of the defined parking spaces situated on the public highway which are organised and managed by a company appointed for that purpose comes within the scope of ‘matters relating to a contract’ within the meaning of that provision and, second, that that contract constitutes a contract for the provision of services within the meaning of the second indent of Article 7(1)(b) of that regulation.
               
            
         (1)  OJ C 263, 5.8.2019.