VII. JURISPRUDENŢA CURŢII DE JUSTIŢIE A UNIUNII EUROPENE Competenţa internaţională exclusivă în materia drepturilor reale imobiliare: criterii de calificare în jurisprudenţa Curţii de Justiţie a Uniunii Europene
VII. JURISPRUDENŢA CURŢII DE JUSTIŢIE A UNIUNII EUROPENE Competenţa internaţională exclusivă în materia drepturilor reale imobiliare: criterii de calificare în jurisprudenţa Curţii de Justiţie a Uniunii Europene

Summary/Abstract: This article examines exclusive jurisdiction in matters concerning rights in rem in immovable property under the Brussels IA Regulation, in light of the case law of the Court of Justice of the European Union. Starting from the general architecture of the Regulation and from the autonomous delimitation of civil and commercial matters, the study highlights the derogatory nature of Art. 24(1), which displaces the defendant’s domicile, special heads of jurisdiction and party autonomy where the proceedings have as their object a right in rem over immovable property situated in a Member State. The analysis shows that the mere presence of immovable property in the legal relationship at issue is not sufficient to trigger the forum rei sitae. The decisive criteria are the object of the proceedings, the nature of the right invoked and the erga omnes effects of the judgment sought. Against this background, the article discusses the limits of exclusive jurisdiction in relation to actio pauliana, fiduciary relationships, damages for the unlawful use of immovable property, allotment proceedings, land registration and obligations arising within co ownership structures, also touching upon combined actions, incidental matters and the condition of a „principal object”. It further argues that the autonomous concept of rights in rem in immovable property extends beyond conflicts of jurisdiction, as the Court relied on it in Kerr for the characterization of contracts concerning rights in rem in immovable property under the Rome I Regulation. The criterion of direct protection of the proprietary right thus emerges as a transversal tool of qualification in EU private international law.

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