Theodorus Engelbertus Sanders v Ronald van der Putte: ECJ 14 Dec 1977

Europa Convention of 27 September 1968 – exclusive jurisdiction – matters relating to tenancies of immovable property – strict interpretation – business carried on in immovable property rented from a third party by the lessor -agreement to run the business – application of article 16 excluded – dispute as to the existence of such an agreement
The assignment, in the interests of the proper administration of justice, of exclusive jurisdiction to the courts of one contracting state in accordance with article 16 of the convention results in depriving the parties of the choice of the forum which would otherwise be theirs and, in certain cases, results in their being brought before a court which is not that of the domicile of any of them. Having regard to that consideration the provisions of article 16 must not be given a wider interpretation than is required by their objective. Therefore, the concept of ‘ matters relating to… Tenancies of immovable property ‘ within the context of article 16 of the convention must not be interpreted as including an agreement to rent under a usufructuary lease a retail business (verpachting van een winkelbedrijf) carried on in immovable property rented from a third person by the lessor. The fact that there is a dispute as to the existence of such an agreement does not affect the reply given as regards the applicability of article 16 of the convention.

Citations:

C-73/77

European, Landlord and Tenant

Updated: 10 April 2022; Ref: scu.132636