2020-12-17T15:01:00+00:00
Point 1 of art 24 of Regulation (EU) No 1215/2012 should be interpreted as meaning that an action by which a co-owner of immovable property sought to prohibit another co-owner of that property from carrying out changes, arbitrarily and without the consent of the other co-owners, to the designated use of his or her property subject to co-ownership, as provided for in a co-ownership agreement, had to be regarded as constituting an action ‘which has as its object rights in rem in immovable property’ within the meaning of that provision, provided that that designated use could be relied on not only against the co-owners of that property, but also erga omnes, which it was for the referring court to verify. The Court of Justice of the European Union (First Chamber) so held, among other things, in proceedings between Ellmes Property Services Ltd, established in the UK, and the respondent, concerning the use of immovable property subject to co-ownership.