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Case law of the Court of Justice of the European Union
Court of Justice of the European Union, Siegfried János Schneider, Case C-386/12, judgment of the Court (Third Chamber) of 3 October 2013, ECLI:EU:C:2013:633: “Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and, in particular, Article 22(1) thereof must be interpreted as not applying to non-contentious proceedings which a national of a Member State who has been declared to be lacking full legal capacity and placed under guardianship in accordance with the law of that State applies to a court in another Member State for authorisation to sell his share of a property situated in that other Member State, in view of the fact that such proceedings are concerned with the ‘legal capacity of a natural person’ for the purposes of Article 1(2)(a) of Regulation No 44/2001, a matter which falls outside the material scope of that regulation”.
Court of Justice of the European Union, Wolfgang Schmidt v. Christiane Schmidt, Case C-417/15, judgment of the Court (Second Chamber) of 16 November 2016, ECLI:EU:C:2016:881: “The provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition of enforcement of judgments in civil and commercial matters is to be interpreted as meaning that an action seeking avoidance of a gift of immovable property on the ground of the donor’s incapacity to contract does not fall within the exclusive jurisdiction of the courts of the Member State in which the property is situated, provided for under Article 24(1) of Regulation No 1215/2012, but within the special jurisdiction provided for under Article 7(1)(a) of that regulation. An action seeking the removal from the land register of notices evidencing the donee’s right of ownership falls within the exclusive jurisdiction provided for under Article 24(1) of the same regulation”.
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