Keywords
Summary

Keywords

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Convention on Jurisdiction and the Enforcement of Judgments - Exclusive jurisdiction - Proceedings relating to tenancies of immovable property - Concept - Letting of holiday accommodation by a business organizing travel - Not applicable - Conditions

(Convention of 27 September 1968, Art. 16(1))

Summary

Article 16(1) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters is to be interpreted as not applying to a contract concluded in a Contracting State whereby a business organizing travel with its seat in that State undertakes to procure for a client domiciled in the same State the use for several weeks of holiday accommodation not owned by it in another Contracting State, and to book the travel arrangements. A complex contract of that type, which concerns a range of services provided in return for a lump sum paid by the customer, is outside the scope within which the exclusive jurisdiction laid down in Article 16(1) finds its raison d' être and cannot constitute a "tenancy agreement" within the meaning of that provision.