# C_2020378EN.01000901.xml

| 9.11.2020 | EN | Official Journal of the European Union | C 378/9 |
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9.11.2020

EN

Official Journal of the European Union

C 378/9

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Judgment of the Court (First Chamber) of 3 September 2020 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Supreme Site Services GmbH, Supreme Fuels GmbH & Co KG, Supreme Fuels Trading Fze v Supreme Headquarters Allied Powers Europe

(Case C-186/19) (1)

(Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EU) No 1215/2012 - Article 1(1) - Scope - Civil and commercial matters - Jurisdiction - Exclusive jurisdiction - Article 24(5) - Disputes concerning the enforcement of judgments - Action brought by an international organisation based on immunity from execution seeking to have an interim garnishee order lifted and a prohibition on new orders being levied on the same grounds)

(2020/C 378/10)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applicants: Supreme Site Services GmbH, Supreme Fuels GmbH & Co KG, Supreme Fuels Trading Fze

Defendant: Supreme Headquarters Allied Powers Europe

Operative part of the judgment

| 1. | Article 1(1) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters is to be interpreted as meaning that an action for interim relief brought before a court of a Member State in which an international organisation invokes its immunity from execution in order to obtain both the lifting of an interim garnishee order executed in a Member State other than that of the forum and a prohibition on levying such an order in the future on the same grounds, brought in parallel with substantive proceedings concerning a claim arising from alleged non-payment for fuel supplied for the purposes of a peacekeeping operation carried out by that organisation, is covered by the concept of ‘civil and commercial matters’, in so far as that action is not pursued under public powers, within the meaning of EU law, which is a matter for the assessment of the referring court. |
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1.

Article 1(1) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters is to be interpreted as meaning that an action for interim relief brought before a court of a Member State in which an international organisation invokes its immunity from execution in order to obtain both the lifting of an interim garnishee order executed in a Member State other than that of the forum and a prohibition on levying such an order in the future on the same grounds, brought in parallel with substantive proceedings concerning a claim arising from alleged non-payment for fuel supplied for the purposes of a peacekeeping operation carried out by that organisation, is covered by the concept of ‘civil and commercial matters’, in so far as that action is not pursued under public powers, within the meaning of EU law, which is a matter for the assessment of the referring court.

| 2. | Article 24(5) of Regulation No 1215/2012 is to be interpreted as meaning that an action for interim relief brought before a court of a Member State in which an international organisation invokes its immunity from execution in order to obtain both the lifting of an interim garnishee order executed in a Member State other than that of the forum and a prohibition on levying such an order in the future on the same grounds, does not fall within the exclusive jurisdiction of the courts of the Member State in which the interim garnishee order was executed. |
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2.

Article 24(5) of Regulation No 1215/2012 is to be interpreted as meaning that an action for interim relief brought before a court of a Member State in which an international organisation invokes its immunity from execution in order to obtain both the lifting of an interim garnishee order executed in a Member State other than that of the forum and a prohibition on levying such an order in the future on the same grounds, does not fall within the exclusive jurisdiction of the courts of the Member State in which the interim garnishee order was executed.

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(1)  OJ C 155, 6.5.2019.

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