Jurysdykcja i prawo właściwe w sprawie dotyczącej uchwały wspólnoty mieszkaniowej zobowiązującej jej członków do zapłaty kosztów utrzymania części wspólnych
Jurisdiction and Applicable Law in a Case Concerning a Resolutionof a Housing Community Obliging its Members to Pay the Maintenance Costs of Common Areas

Judgment of the Court of Justice (First Chamber) of 8 May 2019 in Case C-25/18 Brian Andrew Ker

Summary/Abstract: The commentary relates to the judgment of the Court of Justice of the European Union of 8 May2019 in case C 25/18 Brian Andrew Kerr v. Pavel Postnov and Natalia Postnova. In this judgement,the Court ruled that the dispute concerning the payment obligation arising from a resolutiontaken by the general assembly of property owners in a building that does not have legal personalityand is specifically regulated by law in order to exercise certain rights –if the resolution wastaken by a majority of members but binds all members – must be recognised as falling withinthe concept of “matters related to a contract” within the meaning of Article 7(1)(a) of Regulation(EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 onjurisdiction and the recognition and enforcement of judgments in civil and commercial matters.Moreover, the Court found that the dispute concerning a payment obligation resulting froma resolution of the general assembly of property owners in a residential building, relating to thecosts of maintaining the common areas of that property, must be regarded as relating to a contractfor the provision of services within the meaning of Article 4 (1) (b) of Regulation (EC) No593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicableto contractual obligations (Rome I). In the commentary, the Author presents a critical approachto the above judgement of the Court in both aspects.

• Details
• Contents