CELEX: 62017CA0722
Language: en
Date: 2019-07-10 00:00:00
Title: Case C-722/17: Judgment of the Court (First Chamber) of 10 July 2019 (request for a preliminary ruling from the Bezirksgericht Villach — Austria) — Norbert Reitbauer and Others v Enrico Casamassima (Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 1215/2012 — Jurisdiction in civil and commercial matters — Exclusive jurisdiction — Article 24(1) and (5) — Actions concerning rights in rem in immovable property and enforcement of judgments — Judicially ordered auction of a property — Opposition proceedings regarding the distribution of the proceeds from that auction)

9.9.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 305/10
            
         
      Judgment of the Court (First Chamber) of 10 July 2019 (request for a preliminary ruling from the Bezirksgericht Villach — Austria) — Norbert Reitbauer and Others v Enrico Casamassima
      (Case C-722/17) (1)
      
      (Reference for a preliminary ruling - Area of freedom, security and justice - Regulation (EU) No 1215/2012 - Jurisdiction in civil and commercial matters - Exclusive jurisdiction - Article 24(1) and (5) - Actions concerning rights in rem in immovable property and enforcement of judgments - Judicially ordered auction of a property - Opposition proceedings regarding the distribution of the proceeds from that auction)
      (2019/C 305/12)
      Language of the case: German
      
         Referring court
      
      Bezirksgericht Villach
      
         Parties to the main proceedings
      
      
         Applicants: Norbert Reitbauer, Dolinschek GmbH, B.T.S. Trendfloor Raumausstattungs-GmbH, Elektrounternehmen K. Maschke GmbH, Klaus Egger, Architekt DI Klaus Egger Ziviltechniker GmbH
      
         Defendant: Enrico Casamassima
      
         Operative part of the judgment
      
      Article 24(1) and (5) 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 brought by a pledgee challenging the distribution of the proceeds from a judicially ordered auction of a property and seeking, first, the finding that a competing debt has been extinguished by reason of a financial settlement and, second, that the pledge guaranteeing enforcement of that latter debt is unenforceable, does not come within the exclusive jurisdiction of the courts of the Member State where the property is situated or of the courts of the place of enforcement.
      
         (1)  OJ C 268, 30.7.2018.