Case C-73/04
Brigitte and Marcus Klein
v
Rhodos Management Ltd
(Reference for a preliminary ruling from the Oberlandesgericht Hamm)
(Brussels Convention – Jurisdiction in proceedings regarding tenancies of immovable property – Time-share in immovable property)
Summary of the Judgment
Convention on Jurisdiction and the Enforcement of Judgments – Exclusive jurisdiction – Proceedings which have as their object tenancies of immovable property – Definition – Time-share in immovable property by virtue of a club membership contract – Exclusion
(Convention of 27 September 1968, Art. 16(1)(a))
Article 16(1)(a) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, as amended by the Accession Conventions of 1978, 1982 and 1989, must be interpreted as meaning that it does not apply to a club membership contract which, in return for a membership fee which represents the major part of the total price, allows members to acquire a right to use on a time‑share basis immovable property of a specified type in a specified location and provides for the affiliation of members to a service which enables them to exchange their right of use.
(see para. 28, operative part)