CELEX: C2006/165/10
Language: en
Date: 2006-07-15 00:00:00
Title: Case C-343/04: Judgment of the Court (First Chamber) of  18 May 2006  (reference for a preliminary ruling from the Oberster Gerichtshof) — Land Oberösterreich v ČEZ a.s. (Brussels Convention — Article 16(1)( a) — Exclusive jurisdiction in matters relating to property — Action for cessation of a nuisance caused, or likely to be caused, to land by the activities of a nuclear power station situated on the territory of a neighbouring State — Not applicable)

15.7.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 165/5
            
         Judgment of the Court (First Chamber) of 18 May 2006 (reference for a preliminary ruling from the Oberster Gerichtshof) — Land Oberösterreich v ČEZ a.s.
   (Case C-343/04) (1)
   
   (Brussels Convention - Article 16(1)( a) - Exclusive jurisdiction in matters relating to property - Action for cessation of a nuisance caused, or likely to be caused, to land by the activities of a nuclear power station situated on the territory of a neighbouring State - Not applicable)
   (2006/C 165/10)
   Language of the case: German
   Referring court
   Oberster Gerichtshof
   Parties to the main proceedings
   
      Applicant: Land Oberösterreich
   
      Defendant: ČEZ a.s.
   Re:
   Reference for a preliminary ruling — Oberster Gerichtshof (Austria) — Interpretation of Article 16(1)(a) of the Brussels Convention — Exclusive jurisdiction for ‘proceedings which have as their object rights in rem in immovable property’ — Action for cassation of a nuisance caused, or likely to be caused to agricultural land by a neighbouring nuclear plant located on the territory of a non-contracting State
   Operative part of the judgment
   The Court:
   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 most recently by the Convention of 29 November 1996 on the Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, must be interpreted as meaning that an action which, like that brought under Paragraph 364(2) of the Allgemeines bürgerliches Gesetzbuch (Austrian Civil Code) in the main proceedings, seeks to prevent a nuisance affecting or likely to affect land belonging to the applicant, caused by ionising radiation emanating from a nuclear power station situated on the territory of a neighbouring State to that in which the land is situated, does not fall within the scope of that provision.
   
      (1)  OJ C 251, 9.10.2004.