Schmidt v Schmidt: ECJ 16 Nov 2016

Avoidance of gift of land for lack of capacity

ECJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Regulation (EU) No 1215/2012 – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Scope – First subparagraph of Article 24(1) – Exclusive jurisdiction in matters relating to rights in rem in immovable property – Article 7(1)(a) – Special jurisdiction in matters relating to a contract – Action seeking the avoidance of a contract of gift of immovable property and the removal of an entry in the land register evidencing a right of ownership

Citations:

ECLI:EU:C:2016:881, [2016] EUECJ C-417/15, [2016] WLR(D) 607

Links:

Bailii, WLRD

Statutes:

Regulation (EU) No 1215/2012 7(1)(a) 24(1)

Jurisdiction:

European

Cited by:

CitedAkcil and Others v Koza Ltd and Another SC 29-Jul-2019
The first claimant was an English company all of whose shares were owned by a Turkish company. The second claimant as director caused changes to the company’s constitution and share structure. The parties disputed the jurisdiction of the UK Courts . .
Lists of cited by and citing cases may be incomplete.

Land, Health

Updated: 18 April 2022; Ref: scu.571775