Jurisdiction of the Justice of the Peace in Credit Claims: Commentary on Order No. 15639 of 2024

The recent order No. 15639 of June 4, 2024, by the Court of Cassation has raised important issues regarding jurisdictional competence in disputes related to credit claims arising from lease agreements. This ruling is part of a legal context where the distinction between the jurisdiction of the justice of the peace and the court is fundamental to ensuring effective administration of justice.

Context of the Ruling

In the case at hand, the Court addressed the issue of jurisdiction, establishing that credit claims originating from a lease agreement, even if their amount does not exceed five thousand euros, do not fall within the jurisdiction of the justice of the peace. This principle is of great importance, as it implies that such disputes must necessarily be handled by the court.

“Credit claims arising from a lease relationship – Amount within the limit referred to in art. 7, paragraph 1, of the Code of Civil Procedure – Jurisdiction of the justice of the peace – Exclusion – Case. In relation to credit claims arising from a lease agreement, even if their amount does not exceed the limit of five thousand euros referred to in art. 7, paragraph 1, of the Code of Civil Procedure, the jurisdiction of the justice of the peace must be excluded, as it is a matter to be considered reserved to the jurisdiction of the court. (In this case, the Supreme Court affirmed the jurisdiction of the court in relation to an action for recovery of undue payment concerning condominium charges paid by the tenant).”

Reflections on Jurisdictional Competence

The ruling clarifies that the court's jurisdiction is not only a matter of value but also of legal nature. The Court, in line with previous pronouncements, reiterates the importance of ensuring adequate handling of lease disputes, as they may involve complex issues related to the reciprocal rights and duties between the lessor and the lessee.

• Recognition of the complexity of disputes concerning lease matters.
• Exclusion of the justice of the peace's jurisdiction to ensure greater specialization in judgment.
• Practical implications for legal professionals and for lessors and lessees.

Conclusions

Order No. 15639 of 2024 represents an important step forward in clarifying jurisdictional competences in lease agreements. The Court of Cassation, with this decision, has not only established clear limits for the jurisdiction of the justice of the peace but has also highlighted the importance of handling lease disputes with the attention they deserve, so that the rights of the parties are adequately protected. It is essential that those involved in such disputes rely on experienced professionals who can guide them to the correct competent court.