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The Court of Justice on the concept of ‘tenancies of immovable property’ under first subparagraph of Artic

01/12/2023 08:46

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The Court of Justice on the concept of ‘tenancies of immovable property’ under first subparagraph of Article 24(1) of Regulation (EU) No 1215/2012

The Court of Justice on the concept of ‘tenancies of immovable property’ under first subparagraph of Article 24(1) of Regulation (EU) No 1215/2012

The European Court of Justice, by judgment ECLI:EU:C:2023:873, dated 16 November 2023, in Case C-497/22 - in proceedings between EM, domiciled in Germany, and Roompot Service BV, a tourism professional having its registered office in the Netherlands, in respect of the repayment of the price paid by that individual, plus interest and costs, for the short-term letting of one of the bungalows in a holiday park operated by that professional - ruled that the first subparagraph of Article 24(1) of Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that a contract concluded between an individual and a tourism professional by which the latter lets for short-term personal use holiday accommodation situated in a holiday park operated by that professional and including, in addition to the letting of that accommodation, the performance of a range of services in return for a lump sum, does not come within the concept of ‘tenancies of immovable property’ within the meaning of that provision.


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Marco Sposini

Avvocato - Studio Legale Sardo - Milano 



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