This document is an excerpt from the EUR-Lex website
Document 62018CN0025
Case C-25/18: Request for a preliminary ruling from the Okrazhen sad Blagoevgrad (Bulgaria) lodged on 16 January 2018 — Bryan Andrew Ker v Pavlo Postnov, Natalia Postnova
Case C-25/18: Request for a preliminary ruling from the Okrazhen sad Blagoevgrad (Bulgaria) lodged on 16 January 2018 — Bryan Andrew Ker v Pavlo Postnov, Natalia Postnova
Case C-25/18: Request for a preliminary ruling from the Okrazhen sad Blagoevgrad (Bulgaria) lodged on 16 January 2018 — Bryan Andrew Ker v Pavlo Postnov, Natalia Postnova
OJ C 112, 26.3.2018, p. 21–22
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
26.3.2018 |
EN |
Official Journal of the European Union |
C 112/21 |
Request for a preliminary ruling from the Okrazhen sad Blagoevgrad (Bulgaria) lodged on 16 January 2018 — Bryan Andrew Ker v Pavlo Postnov, Natalia Postnova
(Case C-25/18)
(2018/C 112/28)
Language of the case: Bulgarian
Referring court
Okrazhen sad Blagoevgrad
Parties to the main proceedings
Appellant: Bryan Andrew Ker
Respondents: Pavlo Postnov, Natalia Postnova
Questions referred
1. |
Do the decisions of unincorporated associations created by operation of law due to the special ownership of a right, which are taken by a majority of their members but which bind all of them, including those who did not cast a vote, form the basis of a ‘contractual obligation’ for the purposes of determining international jurisdiction pursuant to Article 7(1)(a) of Regulation (EU) No 1215/2012? (1) |
2. |
If the first question is answered in the negative: Are the rules on determining the applicable law for contractual relationships under Regulation (EC) No 593/2008 (2) of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) applicable to such decisions? |
3. |
If the first and the second questions are answered in the negative: Are the provisions of Regulation (EC) No 864/2007 (3) of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) applicable to such decisions, and which of the non-contractual bases of liability referred to in that regulation is relevant here? |
4. |
If the first or second question is answered in the affirmative: Should the decisions of unincorporated associations regarding expenditure for building maintenance be regarded as constituting a ‘contract for the provision of services’ within the meaning of Article 4(1)(b) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) or as a contract relating to a ‘right in rem’ or a ‘tenancy’ within the meaning of Article 4(1)(c) of that regulation? |
(1) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2012 L 351, p. 1).
(2) Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ 2008 L 177, p. 6).
(3) Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) (OJ 2007 L 199, p. 40).