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Jurisdiction and Applicable Law to Claims Related to the Payment of Contributions to the Budget of an Association of Property Owners for the Maintenance of the Communal Areas of a Building

Echebarria Fernández, J. ORCID: 0000-0001-9339-689X (2019). Jurisdiction and Applicable Law to Claims Related to the Payment of Contributions to the Budget of an Association of Property Owners for the Maintenance of the Communal Areas of a Building. Cuadernos De Derecho Transnacional, 11(2), pp. 583-591. doi: 10.20318/cdt.2019.4978

Abstract

This comment on the judgment C-25/18 analyses the characterisation of the outstanding amounts payable by the owners of an apartment to the manager of the association of owners of the building in concept of maintenance costs of communal areas. The Court of Justice of the European Union identifies the court having jurisdiction according to Article 7(1)(a) (matters related to contract) of the Brussels I Recast Regulation and the applicable law according to Articles 4(1)(b) (provision of services). However, Article 4(1)(c) (rights in rem in immovable property) of the Rome I Regulation is not applicable.

Publication Type: Article
Additional Information: Official publication in Cuadernos De Derecho Transnacional
Publisher Keywords: actions in contract, provision of services, rights in rem, Court of Justice of the Eu-ropean Union, jurisdiction, applicable law, Brussels I Recast Regulation, Rome I Regulation, Rome II Regulation
Subjects: K Law > KD England and Wales
Departments: The City Law School > Academic Programmes
Date Deposited: 21 Feb 2020 15:22
URI: https://openaccess.city.ac.uk/id/eprint/23767
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