Order of the Court (Sixth Chamber) of 12 June 2025
Order of the Court (Sixth Chamber) of 12 June 2025
Data
- Court
- Court of Justice
- Case date
- 12 juni 2025
Verdict
Order of the Court (Sixth Chamber) of 12 June 2025 –
Diamond Resorts Europe
(Case C-815/24)
"(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Answer which can be clearly deduced from the case-law - Judicial cooperation in civil matters - Jurisdiction, recognition and enforcement of judgments in civil and commercial matters - Regulation (EU) No 1215/2012 - Special jurisdiction - Article 7(5) - Concepts of branch, ‘agency or other establishment - Action seeking the annulment of timeshare contracts for the use of immovable property)"
Judicial cooperation in civil mattersJurisdiction and the enforcement of judgments in civil and commercial mattersRegulation No 1215/2012Special jurisdictionDispute arising out of the operations of a branch, agency or other establishmentMeaningAction seeking the annulment of timeshare agreements for the use of immovable property and the restitution of sums unduly paid under those agreementsAgreements not concluded with the branch of the contracting company located within the jurisdiction of the court seisedNo evidence to establish the involvement of that branch in the legal relationship existing between the consumer and that companyNot included
(European Parliament and Council Regulation No 1215/2012, Art. 7(5))
(see paragraphs 26-32, operative part)
Operative part
Article 7(5) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
must be interpreted as meaning that:
a dispute concerning an action seeking the annulment of timeshare agreements for the use of immovable property and the restitution of sums unduly paid under those agreements cannot be considered to be a ‘dispute arising out of the operations of a branch, agency or other establishment’ within the meaning of that provision, since none of those agreements was concluded by the consumer concerned with the branch of the contracting company to which the action relates and located within the jurisdiction of the court seised, and there is no other evidence to establish the involvement of that branch in the legal relationship between that consumer and that company.