CELEX: C2005/315/10
Language: en
Date: 2005-12-10 00:00:00
Title: 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)

10.12.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/6
            
         
      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 immoveable property)
   (2005/C 315/10)
   Language of the case: German
   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 Rodrigues 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:
   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.