Monitor Prawniczy

no. 3/2026

Domestic jurisdiction regarding an indemnity payment case for a non-contractual use of property located in a Member State

DOI: 10.32027/MOP.26.3.5
Agnieszka Gołąb
Autorka jest adiunktem w Katedrze Postępowania Cywilnego na Wydziale Prawa i Administracji Uniwersytetu Warszawskiego
Abstract

The issues addressed in the CJEU judgment C-99/24, Chmieka, of 10 July 2025, focus on two issues. Firstly, the CJEU clarifies how the concept of “initiation of legal proceedings” within the meaning of Article 66 of Regulation No. 1215/2012 should be interpreted, i.e., whether it means the filing of a claim by the claimant, or, taking into account the circumstances of the case, the filing of a request for a review of the case by the defendant after its final conclusion. The second issue focuses on whether a person residing in the territory of one Member State may be sued before the courts of another Member State for payment of remuneration for a non-contractual use of property located in that other Member State.

Keywords
domestic jurisdiction, application scope of ratione temporis, multiple defendants, compensation for a non-contractual use of property located in a Member State
Literature
K. Weitz, Jurysdykcja krajowa w postępowaniu cywilnym, Warszawa 2005.