Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 6 June 2019 — Ellmes Property Services Limited v SP
(Case C-433/19)
Language of the case: German
Referring court
Oberster Gerichtshof
Parties to the main proceedings
Applicant: Ellmes Property Services Limited
Defendant: SP
Questions referred
1. Is the first alternative in the first subparagraph of Article 24(1) 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 1 (‘Brussels Ia Regulation’) to be interpreted as meaning that actions brought by a co-owner seeking to prohibit another co-owner from carrying out changes to his property subject to co-ownership, in particular to its designated use, arbitrarily and without the consent of the other co-owners, concern the assertion of a right in rem?
2. If the first question should be answered in the negative:
Is Article 7(1)(a) of the Brussels Ia Regulation to be interpreted as meaning that the actions referred to in paragraph 1 concern contractual obligations to be performed at the location of the property?
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1 OJ 2012 L 351, p. 1.