(Reference for a preliminary ruling– Judicial cooperation in civil matters– Law applicable to contractual obligations– Regulation (EC) No593/2008

40Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the referring court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.

On those grounds, the Court (Eighth Chamber) hereby rules:

Article6(4)(c) of Regulation (EC) No593/2008 of the European Parliament and of the Council of 17June 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.

[Signatures]

*Language of the case: German.