Case C-24/02: Reference for a preliminary ruling by the Tribunal de Commerce de Marseille by order of 22 January 2002 in the case of Marseille Fret S.A. against Seatrano Shipping Company Limited
Date: 2002-04-20
Institutions: Court of Justice
Subjects: EU Member State, EU national, civil law, commercial law, interpretation of the law, jurisdiction, mutual recognition principle

C 97/2

EN

Official Journal of the European Communities

20.4.2002

ruling concerning the application for registration in the
Commercial Register made to that court by Holto Ltd. — on
the interpretation of Articles 43 EC and 48 EC — the
Court (Fifth Chamber), composed of P. Jann, President of
the Chamber, D.A.O. Edward, A. La Pergola, M. Wathelet
(Rapporteur) and C.W.A. Timmermans,
Judges; S. Alber,
Advocate General; Registrar: R. Grass, has made an order on
22 January 2002 in which it has ordered:

The Court of Justice of the European Communities clearly lacks
jurisdiction to answer the questions put by the Landesgericht Salzburg
in its order of 27 November 2000.

(1) OJ C 28 of 27.1.2001.

Reference for a preliminary ruling by the Cour de
Cassation (Belgium) by judgement of 6 November 2001 in
the case of Office National de l’Emploi against Mohamed
Alami

(Case C-23/02)

(2002/C 97/03)

Reference has been made to the Court of Justice of the
European Communities by judgement of the Cour de Cassation
(National Employment Office) (Belgium) of 6 November 2001,
received at the Court Registry on 31 January 2002, for a
preliminary ruling in the case of Office National de l’Emploi
(National Employment Office) against Mohamed Alami on the
following question:

Does the Cooperation Agreement between the European
Economic Community and the Kingdom of Morocco signed
in Rabat on 27 April 1976, concluded on behalf of the
Community by Council Regulation (EEC) No 2211/78 of
26 September 1978 (1), preclude a Member State from taking
account only of work periods as an employee completed on
its territory by workers of Moroccan nationality for the
purposes of determining whether they are entitled to benefit
from a supplement for seniority increasing the basic amount
of their unemployment benefit?

Reference for a preliminary ruling by the Tribunal de
Commerce de Marseille by order of 22 January 2002 in
the case of Marseille Fret S.A. against Seatrano Shipping
Company Limited

(Case C-24/02)

(2002/C 97/04)

Reference has been made to the Court of Justice of the
European Communities by order of the Tribunal de Commerce
de Marseille (Marseille Commercial Court) of 22 January 2002,
received at the Court Registry on 31 January 2002, for a
preliminary ruling in the case of Marseille Fret S.A. against
Seatrano Shipping Company Limited on the following ques-
tions:

1. Does Title II of the Brussels Convention of 27 September
1968, as reproduced in Regulation (EC) No 44/2001 of
22 December 2000 (1), permit a court of a Member State
to restrain a citizen of another Contracting State from
bringing proceedings before the courts of his home
country, under either his national law or Community
law?

2. May an English court, by way of an anti-suit injunction,
purport to restrain a person from having access to another
Community court which nevertheless have jurisdiction
under the Brussels Convention of 27 September 1968, as
reproduced in Regulation (EC) No 44/2001 of 22 Decem-
ber 2000?

3. May an English court, by means of that procedure deprive
other Community courts of the power to rule on matters
falling within their own competence when that power
appears to arise from the provisions of Chapter II of
Regulation (EC) No 44/2001 of 22 December 2000?

4.

Is an order compelling a Community national to with-
draw an independent action already commenced before a
French court, under threat of punitive sanctions such as
those provided for by the English anti-suit injunction
procedure, consistent with the fundamental principle of
the right to access to a court, as protected by the Court
of Justice of the European Communities?

(1) Council Regulation (EEC) No 2211/78 of 26 September 1978
concerning the conclusion of the Cooperation Agreement between
the European Economic Community and the Kingdom of Morocco
(OJ L 264, 27.9.1978, p. 1).

(1) Council Regulation (EC) No 44/2001 of 22 December 2000 on
jurisdiction and the recognition and enforcement of judgments in
civil and commercial matters (OJ L 12, 16.1.2001, p. 1).