EUPillar BayObLG, 6.6.2003

Summary

The plaintiffs are the apartment owners of an apartment owners community in Austria. The defendants owned two apartments of this residential complex which they sold in February 2002. They are German residents. The plaintiffs are claiming housing subsidy for the time of November 2001 until February 2002. The Austrian Courts refused the claim deciding that they are not competent. The German court of first instance also decided it is not competent to hear the claim. The court of second instance accepted the international jurisdiction. The defendant appeals against this decision. The court accepted the international jurisdiction. Art. 22 no. 1 states the relevant criteria for exclusive jurisdiction in regard to proceedings which have their objects in immovable property. The courts of the Member State in which the property is situated would be competent. The claims of the case are only related to the immovable but do not concern the immovable property itself. An extensive reading of Art. 22 no. 1 is not allowed. Therefore, Art. 22 no. 1 is not applicable. The German courts are competent pursuant to Art. 2 Brussels I since the defendant is domiciled in Germany. The judgement is in line with the case law on the interpretation of Art. 22 no. 1.