Judgment of the Court (Fourth Chamber) of 16 November 2023 (request for a preliminary ruling from the Landgericht Düsseldorf – Germany) – EM v Roompot Service BV

(Case C-497/22, ¹ Roompot Service)

(Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Exclusive jurisdiction – First subparagraph of Article 24(1) – Disputes regarding tenancies of immovable property – Contract in relation to the short-term letting of a bungalow in a holiday park concluded between an individual and a tourism professional operating that park)

Language of the case: German

Referring court

Landgericht Düsseldorf

Parties to the main proceedings

Applicant: EM

Defendant: Roompot Service BV

Operative part of the judgment

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

must be interpreted as meaning that a contract concluded between an individual and a tourism professional by which the latter lets for short-term personal use holiday accommodation situated in a holiday park operated by that professional and including, in addition to the letting of that accommodation, the performance of a range of services in return for a lump sum, does not come within the concept of ‘tenancies of immovable property’ within the meaning of that provision.

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¹ OJ C 389, 10.10.2022.