In Case C-497/22 EM v Roompot Service BV, the CJEU has confirmed its strict reading of Article 24 Brussels Ia’s ‘tenancies of immovable properties’ provision, confirming Richard de la Tour AG’s convincing Opinion [ia his reasoning (35) ff].
Proceedings are between EM, domiciled in Germany, and Roompot Service BV, which has its registered office in the Netherlands and operates a holiday park there, comprising tourist accommodation.
[15] Per CJEU Rösler (241/83), Hacker (C‑280/90) and Dansommer (C‑8/98), contracts involving the letting of holiday accommodation abroad generally fall within the exclusive jurisdiction of the courts of the Member State in which the immovable property concerned is situated. An exception can be made to that principle only when the contract concerned is a contract of a complex nature, that is to say, a contract providing for the performance of a range of services in consideration for the lump sum paid by the customer.
[16] the additional services in the present case were the offer, on the internet page of the defendant in the main proceedings, of a variety of bungalows with different facilities, the booking of the bungalow chosen for the customer, reception of the customer at the destination and the handing over of the keys, the provision of bed linen and the carrying out of cleaning at the end of the stay – the question therefore is whether this qualifies the contract as being one of a ‘complex nature’, or [17] whether these are merely minor ancillary services, which arguably do not cancel out A24.
After recalling the restricted nature of A24 in general, the Court [27] repeats what it said most recently in Obala re the ratio legis for A24(1) exclusive jurisdiction:
as regards tenancies of immovable property in particular, it is clear from that case-law that that exclusive jurisdiction is justified by the complexity of the relationship of landlord and tenant, which comprises a series of rights and obligations in addition to that relating to rent. That relationship is governed by special legislative provisions, some of a mandatory nature, of the State in which the immovable property which is the subject of the lease is situated, for example, provisions determining who is responsible for maintaining the property and paying land taxes, provisions governing the duties of the occupier of the property as against the neighbours, and provisions controlling or restricting the landlord’s right to retake possession of the property on expiry of the lease
[29] core consideration is whether the subject matter of that dispute relates directly to the rights and obligations arising from that tenancy (reference to CJEU Sharewood by analogy).
Two main lines of enquiry have to be pursued:
Firstly, the nature of the services at issue:
[34] the categorisation of a contract relating to the performance of a range of services, in addition to the short-term letting of holiday accommodation, requires (reference to Richard de la Tour AG (28)) an assessment of the contractual relationship in question as a whole and in its context. [39] Where additional services are offered in return for a lump sum on the same terms as those offered to customers of a hotel complex, A24(1) is not engaged. By contrast, any additional service that is ancillary in nature to such a letting would not necessarily modify the categorisation of the contract concerned to that of tenancy, but would have to be examined in the context of that contract.
[40] neither cleaning at the end of the stay nor providing bed linen are sufficiently weighty services liable to distinguish, on their own, a tenancy from a complex holiday organisation contract. Although it is true that cleaning usually is the responsibility of the tenant at the end of a lease, it cannot be ruled out that, due to the particular nature of seasonal lettings of holiday homes, the lessor may take on that task, without that modifying the nature of the contract as a tenancy of immovable property. The same holds true for providing bed linen and handing over keys.
[41] On the other hand, information and advice, booking and reception services forming part of the offer proposed by a tourism professional, together with the letting, in return for a lump sum, constitute services which are generally provided as part of a complex holiday organisation contract.
Further, the capacity in which the travel organiser concerned intervenes in the contractual relationship at issue in the main proceedings.
[43] Per CJEU Hacker etc, the fact that the travel organiser is not the owner of the accommodation, but is subrogated in the owner’s rights, is not such on its own as to modify a possible categorisation of the contract concerned as a tenancy of immovable property. On the other hand if that travel organiser intervenes as a tourism professional and proposes, in the context of an organised stay, additional services in consideration of which the offer is accepted, that fact may be an indication of the complex nature of that contract.
In conclusion [44], while the national court will have to confirm, the circumstances suggest A24(1) is not engaged.
The judgment is a useful reminder of the A24(1) lines of enquiry.
Geert.
EU private international law, 4th ed. 2024, 2.182 ff.
gavc law - geert van calster 