CELEX: 62019CN0433
Language: en
Date: 2019-06-06 00:00:00
Title: Case C-433/19: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 6 June 2019 — Ellmes Property Services Limited v SP

21.10.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 357/4
            
         
      Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 6 June 2019 — Ellmes Property Services Limited v SP
      (Case C-433/19)
      (2019/C 357/07)
      Language of the case: German
      
         Referring court
      
      Oberster Gerichtshof
      
         Parties to the main proceedings
      
      
         Applicant: Ellmes Property Services Limited
      
         Defendant: SP
      
         Questions referred
      
      
                  1.
               
               
                  Is the first alternative in the first subparagraph of Article 24(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 (1)(‘Brussels Ia Regulation’) to be interpreted as meaning that actions brought by a co-owner seeking to prohibit another co-owner from carrying out changes to his property subject to co-ownership, in particular to its designated use, arbitrarily and without the consent of the other co-owners, concern the assertion of a right in rem?
               
            
                  2.
               
               
                  If the first question should be answered in the negative:
                  Is Article 7(1)(a) of the Brussels Ia Regulation to be interpreted as meaning that the actions referred to in paragraph 1 concern contractual obligations to be performed at the location of the property?
               
            
         (1)  OJ 2012 L 351, p. 1.