Language of document :

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?


1 OJ 2012 L 351, p. 1.