Judgment_paragraph 47 · Norbert Reitbauer and Others v Enrico Casamassima (C-722/17)

47Although it is true that the existence of the claim served as the basis of the creation of the pledge and for the subsequent enforcement, the claim for set-off is not based on a right in rem. The issue of whether Mr Casamassima’s claim vis-à-vis his debtor no longer exists due to a counter-claim is not, therefore, linked to the grounds on which exclusive jurisdiction may be conferred on the courts for the place where the property is situated, namely the need to conduct checks, inquiries and expert assessments in that place (see, to that effect, judgment of 17 December 2015, Komu and Others, C‑605/14, EU:C:2015:833, paragraph 31 and the case-law cited).