Official Journal of the European Union

C 103/13

(Case C-827/18)

(2019/C 103/12)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: MC

Defendant: ND

Question referred

Is the disputed principal claim for EUR 535, based on a notarial purchase contract of 10 February 2016 for the purchase of a residential apartment located in Großröhrsdorf, falling under the jurisdiction of the Local Court, Kamenz, which, derived specifically from the transfer of possession and enjoyment to the applicant on 1 April 2016, in accordance with Paragraph 6 of the notarial contract, was still effected by means of the defendant’s tenant’s rental payment on 1 April 2016 in respect of the residential apartment […] to be regarded as proceedings within the meaning of Article 22 of the Lugano Convention, (1) which have as their object the payment in respect of a right in rem in immovable property or tenancies of immovable property, or is the international jurisdiction of a German court to be derived from another provision of the Lugano Convention, or [is] the international jurisdiction of the Swiss court which has jurisdiction in respect of the defendant’s domicile justified (Article 2(1) in conjunction with Article 5 No 1 of the Lugano Convention)?

(1) Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters of 30 October 2007 (‘Lugano II Convention’) (OJ 2009 L 147, p. 5).