CELEX: 62018CN0827
Language: en
Date: 2018-12-24 00:00:00
Title: Case C-827/18: Request for a preliminary ruling from the Amtsgericht Kamenz (Germany) lodged on 24 December 2018 — MC v ND

18.3.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 103/13
            
         
      Request for a preliminary ruling from the Amtsgericht Kamenz (Germany) lodged on 24 December 2018 — MC v ND
      (Case C-827/18)
      (2019/C 103/12)
      Language of the case: German
      
         Referring court
      
      Amtsgericht Kamenz
      
         Parties to the main proceedings
      
      
         Applicant: MC
      
         Defendant: ND
      
         Question referred
      
      Is the disputed principal claim for EUR 535, based on a notarial purchase contract of 10 February 2016 for the purchase of a residential apartment located in Großröhrsdorf, falling under the jurisdiction of the Local Court, Kamenz, which, derived specifically from the transfer of possession and enjoyment to the applicant on 1 April 2016, in accordance with Paragraph 6 of the notarial contract, was still effected by means of the defendant’s tenant’s rental payment on 1 April 2016 in respect of the residential apartment […] to be regarded as proceedings within the meaning of Article 22 of the Lugano Convention, (1) which have as their object the payment in respect of a right in rem in immovable property or tenancies of immovable property, or is the international jurisdiction of a German court to be derived from another provision of the Lugano Convention, or [is] the international jurisdiction of the Swiss court which has jurisdiction in respect of the defendant’s domicile justified (Article 2(1) in conjunction with Article 5 No 1 of the Lugano Convention)?
      
         (1)  Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters of 30 October 2007 (‘Lugano II Convention’) (OJ 2009 L 147, p. 5).