Brussels I bis

Article 24

Untitled

The following courts of a Member State shall have exclusive jurisdiction, regardless of the domicile of the parties:

(1) in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the Member State in which the property is situated.

However, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the Member State in which the defendant is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and the tenant are domiciled in the same Member State;

(2) in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, or the validity of the decisions of their organs, the courts of the Member State in which the company, legal person or association has its seat. In order to determine that seat, the court shall apply its rules of private international law;

(3) in proceedings which have as their object the validity of entries in public registers, the courts of the Member State in which the register is kept;

(4) in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, irrespective of whether the issue is raised by way of an action or as a defence, the courts of the Member State in which the deposit or registration has been applied for, has taken place or is under the terms of an instrument of the Union or an international convention deemed to have taken place.

Without prejudice to the jurisdiction of the European Patent Office under the Convention on the Grant of European Patents, signed at Munich on 5 October 1973, the courts of each Member State shall have exclusive jurisdiction in proceedings concerned with the registration or validity of any European patent granted for that Member State;

(5) in proceedings concerned with the enforcement of judgments, the courts of the Member State in which the judgment has been or is to be enforced.

Holdings

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C-537/2327 Feb 2025

Società Italiana Lastre SpA (SIL) v Agora SARL

An asymmetric jurisdiction clause is valid even where one party may sue only in the single court designated by the clause, while the other may also sue in any other competent court. That is so only if: (1) the clause designates courts of one or more EU Member States or of states that are parties to the 2007 Lugano Convention; (2) it identifies objective factors precise enough for the court seised to determine whether it has jurisdiction; and (3) it is not contrary to Articles 15, 19 or 23 and does not derogate from exclusive jurisdiction under Article 24.

C-339/2225 Feb 2025

BSH Hausgeräte GmbH v Electrolux AB

Article 24(4) does not apply to courts of third States and gives them no jurisdiction, exclusive or otherwise, to assess the validity of patents granted or validated by those States. A Member State court seised under Article 4(1) of an infringement action concerning a patent granted or validated in a third State has jurisdiction under Article 4(1) to rule on a validity defence - provided that its decision does not affect the existence or content of that patent in the third State or cause that State's national register to be amended.

C-497/2216 Nov 2023

EM v Roompot Service BV

A contract under which a tourism professional lets holiday accommodation in a holiday park to an individual for short-term personal use, and also provides a range of services for a lump sum, is not a 'tenancy of immovable property'.

C-399/218 Sept 2022

IRnova AB v FLIR Systems AB

Article 24(4) does not apply to proceedings that seek to determine, in an action based on alleged inventor or co-inventor status, whether a person is the proprietor of rights to inventions covered by patent applications filed and patents granted in third countries.

C-307/1925 Mar 2021

Obala i lučice d.o.o. v NLB Leasing d.o.o.

2. Article 24(1) of Regulation No 1215/2012 must be interpreted as meaning that an action for recovery of a fee relating to a daily parking ticket for a designated parking space situated on the public highway does not come within the concept of 'tenancies of immovable property' within the meaning of that provision.

C-433/1911 Nov 2020

Ellmes Property Services Limited v SP

An action by one co-owner of immovable property to stop another co-owner from changing, arbitrarily and without the other co-owners' consent, the designated use of that property laid down in a co-ownership agreement is an action 'which has as its object rights in rem in immovable property' under Point 1 of Article 24 - provided that that designated use can be relied on not only against the co-owners but also erga omnes, which is for the referring court to verify.

C-186/193 Sept 2020

Supreme Site Services GmbH and Others v Supreme Headquarters Allied Powers Europe

An action for interim relief in which an international organisation invokes immunity from execution to obtain both the lifting of an interim garnishee order executed in another Member State and a prohibition on levying such an order in future on the same grounds does not fall within the exclusive jurisdiction of the courts of the Member State where the interim garnishee order was executed.

C-722/1710 Jul 2019

Norbert Reitbauer and Others v Enrico Casamassima

Article 24(1) and (5) of Regulation No 1215/2012 do not give exclusive jurisdiction to the courts of the Member State where the property is located or to the courts of the place of enforcement for opposition proceedings brought by a creditor concerning the proceeds from a judicially ordered auction of an immovable property, seeking both a declaration that a competing claim no longer exists because of a counter-claim and a declaration that the pledge securing enforcement of that claim is invalid.

C-630/1714 Feb 2019

Anica Milivojević v Raiffeisenbank St. Stefan-Jagerberg-Wolfsberg eGen

Under the first subparagraph of point 1 of Article 24 of Regulation No 1215/2012, an action to remove from the land register the mortgage on a building is an action "relating to rights in rem in immovable property". An action for a declaration that a credit agreement is invalid, and that the notarised deed creating a mortgage to secure the debt under that agreement is invalid, does not fall within that concept.

C-417/1516 Nov 2016

Wolfgang Schmidt v Christiane Schmidt

An action to avoid a gift of immovable property because the donor lacked capacity to contract falls not under the exclusive jurisdiction in Article 24(1) of Regulation No 1215/2012, but under the special jurisdiction in Article 7(1)(a). An action to remove from the land register notices evidencing the donee's right of ownership falls under the exclusive jurisdiction in Article 24(1).