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4.4.2022 |
EN |
Official Journal of the European Union |
C 148/7 |
Judgment of the Court (Eighth Chamber) of 10 February 2022 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — UE v ShareWood Switzerland AG, VF
(Case C-595/20) (1)
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Law applicable to contractual obligations - Regulation (EC) No 593/2008 (Rome I) - Consumer contracts - Choice of applicable law - Article 6(4)(c) - Exclusion of contracts relating to a right in rem in immovable property or to a tenancy of immovable property - Contract of sale, including a lease agreement and a service agreement, relating to trees planted for the sole purpose of being harvested for profits)
(2022/C 148/09)
Language of the case: German
Referring court
Oberster Gerichtshof
Parties to the main proceedings
Applicant: UE
Defendants: ShareWood Switzerland AG, VF
Operative part of the judgment
Article 6(4)(c) 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’) must be interpreted as meaning that a contract of sale, including a lease agreement and a service agreement, relating to trees planted on leased land for the sole purpose of being harvested for profit, does not constitute a ‘contract relating to a right in rem in immovable property or a tenancy of immovable property’ within the meaning of that provision.