The Court of Justice of the European Union, by judgment ECLI:EU:C:2023:873, dated 16 November 2023, in Case C-497/22 – in the context of a dispute between EM, domiciled in Germany, and Roompot Service BV, a tourism professional based in the Netherlands, concerning the reimbursement of the price paid by that individual, with interest and costs, for the transfer of use for a short period of time of a bungalow located in the holiday village managed by that professional – ruled that Article 24, point 1, first subparagraph, of Regulation (EU) No. (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 a private individual and a professional tour operator by which the latter makes available, for short-term personal use, a holiday accommodation located in a holiday village managed by that professional, and which involves, in addition to the transfer of the use of that accommodation, a bundle of services provided at an inclusive price, does not fall within the concept of ‘letting of immovable property’ within the meaning of that provision.

For the text of the judgment click here

Marco Sposini

Lawyer – Studio Legale Sardo – Milan