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Резюме на решението
Резюме на решението
Решение на Съда (пети състав) от 9 юни 1994 г.
Norbert Lieber срещу Willi S. Göbel и Siegrid Göbel.
Искане за преюдициално заключение: Oberlandesgericht Frankfurt am Main - Германия.
Convention on Jurisdiction and the Enforcement of Judgments ° Exclusive jurisdiction ° Proceedings which have as their object "rights in rem in immovable property or tenancies of immovable property" ° Definition ° Claim for compensation for the use of real property following the annulment of a transfer of ownership ° Excluded ° Calculation of compensation according to the principles of the law on tenancies ° No effect
(Convention of 27 September 1968, Art. 16(1))
A claim for compensation for use of a dwelling after the annulment of a transfer of ownership is not included in the matters governed by Article 16(1) of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, as amended by the Convention on the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland.
Article 16 must not be given a wider interpretation than is required by its objective, since it results in depriving the parties of the choice of forum which would otherwise be theirs and, in certain cases, in their being brought before a court which is not that of any of them. The fact that the compensation payable is to be calculated according to the principles governing tenancies does not justify the application of Article 16(1) to a situation where no tenancy is involved, since where there is no relationship of landlord and tenant, which is governed by special legislative provisions, some of a mandatory nature, of the State where the immovable property which is the subject of the lease is situated, the reasons, relating to the complex nature of that relationship and the interest of the State in which the property is situated in ensuring that those provisions are complied with, which justify the exclusive jurisdiction conferred by that provision on the courts of that State in cases concerning tenancies do not apply.