Case number and/or case name
S. v. V. and W. - Vred. Poperinge, 13 January 2011
Details of the court
Belgium, First Instance
Articles referred to by the court
Date of the judgement
12 January 2011
CJEU's case law cited by the court
Summary
The plaintiff wants to terminate a rural lease in accordance with the provisions of the Belgian Act on Rural Leases. The plaintiff refers to certain provisions of the Belgian Judicial Code and the Belgian Code of Private International Law to argue that the courts of the registered office of the lessee have jurisdiction.
However, the plaintiff should not disregard the Brussels I Regulation, which provides in its Art. 22(1) that “in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the Member State in which the property is situated” have exclusive jurisdiction.
The property is situated in France and therefore only the courts of France have jurisdiction.
The court correctly applies Brussels I.