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Case C-815/24, Diamond Resorts Europe: Order of the Court (Sixth Chamber) of 12 June 2025 (request for a preliminary ruling from the Tribunal Supremo – Spain) – Diamond Resorts Europe Limited (Sucursal en España) v M.D. and J.D. (Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Answer which can be clearly deduced from the case-law – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Special jurisdiction – Article 7(5) – Concepts of branch agency or other establishment – Action seeking the annulment of timeshare contracts for the use of immovable property)
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Official Journal of the European Union
C series
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C/2025/4258
11.8.2025
(Case C-815/24,
(1)
Diamond Resorts Europe)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Answer which can be clearly deduced from the case-law - Judicial cooperation in civil matters - Jurisdiction, recognition and enforcement of judgments in civil and commercial matters - Regulation (EU) No 1215/2012 - Special jurisdiction - Article 7(5) - Concepts of ‘branch’‘agency’ or ‘other establishment’ - Action seeking the annulment of timeshare contracts for the use of immovable property)
(C/2025/4258)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Diamond Resorts Europe Limited (Sucursal en España)
Defendants: M.D. and J.D.
Operative part of the order
Article 7(5) 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 (2)
must be interpreted as meaning that:
a dispute concerning an action seeking the annulment of timeshare agreements for the use of immovable property and the restitution of sums unduly paid under those agreements cannot be considered to be a ‘dispute arising out of the operations of a branch, agency or other establishment’ within the meaning of that provision, since none of those agreements was concluded by the consumer concerned with the branch of the contracting company to which the action relates and located within the jurisdiction of the court seised, and there is no other evidence to establish the involvement of that branch in the legal relationship between that consumer and that company.
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(1) Date lodged: 26.11. 2024.
(2)
OJ L 351, p. 1.
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ELI: http://data.europa.eu/eli/C/2025/4258/oj
ISSN 1977-091X (electronic edition)
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