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3.2.2020 |
EN |
Official Journal of the European Union |
C 36/8 |
Judgment of the Court (First Chamber) of 5 December 2019 (request for a preliminary ruling from the Tribunal de première instance de Namur — Belgium) — Ordre des avocats du barreau de Dinant v JN
(Case C-421/18) (1)
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EU) No 1215/2012 - Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - Article 7(1)(a) - Special jurisdiction in matters relating to a contract - Concept of ‘matters relating to a contract’ - Claim for payment of annual fees payable by a lawyer to a bar association)
(2020/C 36/10)
Language of the case: French
Referring court
Tribunal de première instance de Namur
Parties to the main proceedings
Applicant: Ordre des avocats du barreau de Dinant
Defendant: JN
Operative part of the judgment
Article 1(1) of 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 must be interpreted as meaning that a dispute concerning a lawyer’s obligation to pay annual professional fees for which he or she is liable to the bar association to which he or she belongs comes within the scope of that regulation only if, in calling on that lawyer to perform that obligation, the bar association is not acting, under the national law applicable, in the exercise of public powers, which it is for the referring court to ascertain.
Article 7(1)(a) of Regulation No 1215/2012 must be interpreted as meaning that an action by which a bar association seeks an order that one of its members pay the annual professional fees for which he or she is liable and which are essentially intended to finance services, such as insurance services, must be regarded as constituting an action in ‘matters relating to a contract’, within the meaning of that provision, provided that those fees constitute consideration for services provided by that bar association to its members and those services are freely consented to by the member concerned, which it is for the referring court to ascertain.