Last week (16 November 2023), the Court of Justice, asked by the Regional Court of Düsseldorf, Germany (Landgericht Düsseldorf) to interpret Art 24 of Regulation (EU) No 1215/2012 (the Brussels Ia Regulation), delivered its judgment on the case No C-497/22, EM v. Roompot Service B.V.
The dispute in the main proceeding concerns a contract concluded between an individual (EM) and a tourism professional (Roompot Service B.V.) 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. In the case, such additional services included the offer, on the internet page of Roompot Service B.V., 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. Doubting the characterisation of the contract as tenancies of immovable property, the Landgericht Düsseldorf decided to stay the proceedings and to refer to the Court of Justice for a preliminary ruling.
In the judgment, the Court of Justice stated that Art 24(1) of Regulation No 1215/2012 must be interpreted “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”.
On the topics addressed in the judgment, the readers of RDIPP may refer to:
Paolo Bertoli, 2002, No 3, 625 ff.; Paola Piroddi, 1995, No 1, 41 ff.; Franco Mosconi, 1993, No 1, 5 ff.
Moreover, see, in our Book Series:
Fausto Pocar, Ilaria Viarengo, Francesca C. Villata (eds.), Book No 76; Franco Ferrari, Francesca Ragno (eds.), Book No 80; Stefania Bariatti, Ilaria Viarengo, Francesca C. Villata (eds.), Book No 81.