Jurisdiction and law applicable in matters of claims of the housing community against its members

The judgment of the Court of Justice of the European Union in the case of Brian Andrew Kerr v Pavel Postnov and Natalia Postnova has established the understanding of matters of cross-border claims of housing communities against the owners of apartments as regards financial contributions to maintaining the common parts of a building for as 'contractual' for the need of both the courts' jurisdiction and designation of law applicable. The autonomous characterization of such claims within the scope of Article 7 (1) of Regulation No 1215/2012 and Article 4 of Regulation No 593/2008 is favored by the case law of the Court of Justice on the obligations arising between a legal person and its members (especially in 34/82, Peters), nonetheless it seems to be largely inconsistent. The result of such an interpretation in terms of provisions on jurisdiction and law applicable could have been avoided if, within the framework of the present judgment, the Court of Justice decided to characterize the claims for payment of the disputed contributions as a ‘contract’ other than ‘provision of services’ within the meaning of Article 4 (1)(b) of the Regulation No 593/2008. Irrespective of the voluntary nature of an obligation to pay such contributions, which is a consequence of purchasing an apartment and acquiring by the operation of law of the status of the housing community’s member, it is hardly possible to point out any characteristic performance within its structure. Still, the very determination of jurisdiction and law applicable in favour of the place of location of the location of the real estate is correct from the point of view of the objectives of both interpreted EU Regulations.