Opinion of Mr Advocate General Darmon delivered on 10 December 1991

1 Original language: French.

2 Convention of 17 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, hereinafter referred to as the Convention, as amended by the Convention of 9 October 1978 on the accession of the Kingdom of Denmark, beland and the United Kingdom of Great Britain and Northern Ireland to the Convention (OJ L 304, p. 77).

3 as are the six persons who accompanied her.

4 Judgements in Case 73/77 Sanders v Van der Putte [1977] ECR 2383; Case 241/83, Rosier y Rottwinkel [1985] ECR 99; Case 158/87 Scherrens v Maenhout [1988] ECR 3791.

5 Case 29/76, [1976] ECR 1541.

6 Paragraph 5, my emphasis.

7 Report by Mr P. Jenard on the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters (OJ C 59 of 5 Marţh 1979, p. 34).

8 Case 73/77, cited above.

9 Paragraphs 17 and 18, ray emphasis.

10 Paragraph 19.

11 Case 241/83, cited above.

12 Paragraph 25.

13 Paragraph 28.

14 Ibid., paragraphs 19 to 22.

15 The phrase is Mr Rauschers, NJW 1985, p. 893.

16 Published before the Rosier judgment.

17 La Convention de Bruxelles du 27 août 1968, Paris 1985, D. 85.

18 Mr M. Carpenter's speech, on p. 12 of the roneotyped English version.

19 See the de Almeida Cruz, Desames Real and Jenard Report of 26 May 1989 (OJ C 189 of 28 Juli 1990, p. 46).

20 OJ L 285, p. 1.

21 The essential provisions of which, such as the right to have the lease renewed and to have the property maintained and the conditions under which the lease may be terminated, are not applicable to short-term stays.

22 Directive 90/314/EEC of 13 June 1990 (OJ L 158, p. 58).

23 Judgment of 10 May 1982, NJW 1982, p. 1942.

24 Note the actual wording of Article 16(1), which juxtaposes rights in rem in with tenancies of immovable property.

25 Case 73/77, cited above.

26 Paragraph 15, my emphasis; it should be noted that such disputes are precisely those where legislation protecting the lessee will come into play.

27 Paragraph 16, my emphasis.

28 Case 241/83, cited above, paragraph 29, my emphasis.

29 Splitting of jurisdiction.

30 Case 34/82 Peters v ZNAV [1983] ECR 987, paragraph 17.