EUPillar OLG Saarbrücken, 13.9.2012

Summary

The tenant brought an action for a grant of building costs which had been ensured in the contract between him and the landlord. The defendant contested that the grant of building costs fell within the scope of application of Art. 22 no. 1 Brussels I. The Regional Court assumed the international jurisdiction of German courts. The court affirmed the Regional Court’s decision by assuming international jurisdiction of German courts pursuant to Art. 22 no. 1 Brussels I. The commitment of the granting of building costs that was incorporated to the rental agreement fell under the term ‘proceedings which have as their object tenancies of immovable property’ in Art. 22 no. 1 Brussels I. The claim regarding the payment of building costs was an obligation directly connected to the rental agreement. In the present case the leased property was in need for renovation when the contract had been concluded. Therefore the landlord had committed to granting the costs for a renovation. The parties virtually agreed on a claim for compensation which is directly connected with the contract and therefore comes under Art. 22 no. 1 Brussels I. The judgment is correct.