CELEX: 62018CB0827
Language: en
Date: 2019-05-15 00:00:00
Title: Case C-827/18: Order of the Court (Sixth Chamber) of 15 May 2019 (request for a preliminary ruling from the Amtsgericht Kamenz — Germany) — MC v ND (Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice — Area of freedom, security and justice — Judicial cooperation in civil matters — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Lugano II Convention — Article 22(1) — Proceedings which have as their object rights in rem in immovable property or tenancies of immovable property — Restitution of the proceeds from the rental of a property before the transfer of ownership)

26.8.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 288/9
            
         
      Order of the Court (Sixth Chamber) of 15 May 2019 (request for a preliminary ruling from the Amtsgericht Kamenz — Germany) — MC v ND
      (Case C-827/18) (1)
      
      (Reference for a preliminary ruling - Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice - Area of freedom, security and justice - Judicial cooperation in civil matters - Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - Lugano II Convention - Article 22(1) - Proceedings which have as their object rights in rem in immovable property or tenancies of immovable property - Restitution of the proceeds from the rental of a property before the transfer of ownership)
      (2019/C 288/10)
      Language of the case: German
      
         Referring court
      
      Amtsgericht Kamenz
      
         Parties to the main proceedings
      
      
         Applicant: MC
      
         Defendant: ND
      
         Operative part of the order
      
      Article 22(1), first subparagraph, of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed on 30 October 2007, the conclusion of which was approved on behalf of the European Community by Council Decision 2009/430/EC of 27 November 2008, must be interpreted as meaning that proceedings brought by the purchaser of immovable property, seeking the payment of a sum received by the vendor in respect of rent paid by a third party, where that purchaser, although he had taken possession of that property at the time of the payment of that sum, was not yet the owner in law of that property, in accordance with the applicable national legislation, do not constitute proceedings ‘which have as their object rights in rem in immovable property or tenancies of immovable property’ within the meaning of that provision.
      
         (1)  OJ C 103, 18.3.2019.