Case number and/or case name
LG Frankfurt, 25.3.2014 – 2-09 S 63/12
Summary
The parties argued about payment claims resulting from the regulations within the community of apartment owners they were belonging to. The matter in dispute was the monthly contribution for maintenance that had to be paid by the de-fendant. It was doubtful whether German courts had interna-tional jurisdiction regarding this payment claim.
The court held that an action concerning the monthly contribu-tion for maintenance within the community of apartment own-ers fell within the scope of application of Art. 5 no. 1 (a), (c) Brussels I.
The judgment is correct. In C- 34/82 the CJEU stated that claims resulting from the membership relations between an association and its members were to be considered as ‘contractual’. It seems reasonable to therefore also consider claims resulting from the relation between apartment owners ‘contractual’. The relation between apartment owners has contractual character.