PIL instrument(s)

Case number and/or case name

BGH, 25.6.2008 – VIII ZR 103/07

Details of the court

Germany, Third Instance

Articles referred to by the court

Date of the judgement

24 June 2008

Appeal history

CJEU's case law cited by the court

Summary

The parties argued on payment claims from a contract concerning time-sharing of immovable properties in holidays (‘Ferien-Tauschwochen’). The court had to examine whether German courts had international jurisdiction in case of time-sharing contracts. The Local court and the Higher Regional Court denied the international jurisdiction. The Federal Court of Justice affirmed these judgments. It held that Art. 22 no. 1 Brussels I didn’t apply to time-sharing contracts if the connection between the contract and the immovable property wasn’t as close as it would have been necessary to assume a contract concerning tenancies of immovable property. Art. 22 Brussels I as a rule establishing a special place of jurisdiction has to be interpreted restrictively. In the present case the apartment wasn’t individualised by the contract. Further, it wasn’t of interest to the parties that the use concerned a special apartment. On the other hand, the contract didn’t concern further services. But, the purchasers were allowed to change the period of time with other users of certain platform. This fact indicates the subordinate meaning of the rent. The judgment therefore is correct.