PIL instrument(s)

Case number and/or case name

OLG Kalrsruhe, 9.8.2006 – 19 U 8/05

Details of the court

Germany, Second Instance

Articles referred to by the court

Date of the judgement

08 August 2006

Appeal history

CJEU's case law cited by the court

Summary

The parties argued about damage claims from a time sharing contract. The contract has been concluded in Germany and regarded a holiday apartment in Spain. The first instance court denied the international jurisdiction of German courts. The Higher Regional court affirmed this decision. It held that an action regarding the termination of a purchase contract on time sharing rights didn’t fall within the scope of application of Art. 22 no. 1 Brussels I. The action according to the court didn’t concern a right in rem in immovable property as required in Art. 22 Brussels I. The court’s decision stays in accordance with settled case law. In order to assume international jurisdiction pursuant to Art. 22 no. 1 Brussels I it is required that the action directly concerns rights in rem. The existence of a simple relation to such a right is not sufficient. In the present case however the action mainly concerned the termination of the contract and damage claims resulting from it. Therefore, the decision is correct.