Case C-39/02: Reference for a preliminary ruling by the Højesterets Anke- og Kæremålsudvalg by order of 8 February 2002 in the case of Mærsk Olie & Gas A/S against M. de Haan en W. de Boer, in the person of its owners Martinus de Haan and Willem de Boer
Date: 2002-05-04
Institutions: Court of Justice
Subjects: carrier, civil law, commercial law, interpretation of the law, jurisdiction

4.5.2002

EN

Official Journal of the European Communities

C 109/25

Reference for a preliminary ruling by the Bundesverwal-
tungsgericht by order of that Court of 24 October 2001
in the case of OMEGA Spielhallen- und Automatenaufstel-
lungs-GmbH against Oberbürgermeisterin der Bundes-
stadt Bonn

1. Does a procedure to constitute a liability limitation fund
pursuant to an application by a shipowner under the
Brussels Convention of 10 October 1957 constitute
proceedings within the meaning of Article 21 of the
1968 Brussels Convention (1) where it is evident from the
application, where the relevant names are stated, who
might be affected thereby as a potential injured party?

(Case C-36/02)

(2002/C 109/40)

Reference has been made to the Court of Justice of the
European Communities by order of the Bundesverwaltungsge-
richt (Federal Administrative Court) of 24 October 2001,
received at the Court Registry on 12 February 2002, for a
preliminary ruling in the case of OMEGA Spielhallen- und
Automatenaufstellungs-GmbH against Oberbürgermeisterin
der Bundesstadt Bonn on the following question:

Is it compatible with the provisions on freedom to provide
services and the free movement of goods contained in the
Treaty establishing the European Community for a particular
commercial activity — in this case the operation of a so-
called ‘laserdrome’ involving simulated killing action — to be
prohibited under national law because it offends against the
values enshrined in the Basic (Constitutional) Law?

Reference for a preliminary ruling by the Højesterets
Anke- og Kæremålsudvalg by order of 8 February 2002 in
the case of Mærsk Olie & Gas A/S against M. de Haan en
W. de Boer, in the person of its owners Martinus de Haan
and Willem de Boer

(Case C-39/02)

(2002/C 109/41)

2.

3.

4.

Is an order to constitute a liability limitation fund under
the Netherlands procedural rules in force in 1986 a
judgment within the meaning of Article 25 of the 1968
Brussels Convention?

Can a limitation fund which was constituted on 27 May
1987 by a Netherlands court pursuant to Netherlands
procedural rules then in force without prior service on an
affected creditor now be denied recognition in another
Member State in relation to the creditor concerned
pursuant to Article 27(2) of the 1968 Brussels Conven-
tion?

If Question 3 is answered in the affirmative, is the creditor
concerned deprived of its right to rely on Article 27(2) by
virtue of
in the Member State which
constituted the limitation fund it raised the matter
of jurisdiction before a higher court without having
previously objected to default of service?

the fact

that

(1) 27 September 1968 on jurisdiction and the enforcement of
judgments in civil and commercial matters (OJ L 204, 1975,
p. 28) modified by the Convention of 26 May 1989 on the
accession of the Kingdom of Spain and the Portuguese Republic
with the adjustments made to them by the Convention on the
accession of the Kingdom of Denmark, of Ireland and of the
United Kingdom of Great Britain and Northern Ireland and the
adjustments made to them by the Convention on the accession of
the Hellenic Republic (OJ L 285, 1989, p. 1).

Reference for a preliminary ruling by the Unabhängiger
Verwaltungssenat im Land Niederösterreich, Aussenstelle
Mistelbach by order of that Court of 29 January 2002 in
the case of an appeal by Margareta Scherndl

(Case C-40/02)

(2002/C 109/42)

Reference has been made to the Court of Justice of the
European Communities by order of the Højesterets Anke- og
Kæremålsudvalg (Appeals and Objections Committee of the
Supreme Court) of 8 February 2002, received at the Court
Registry on 13 February 2002, for a preliminary ruling in the
case of Mærsk Olie & Gas A/S against M. de Haan en W. de
Boer, in the person of its owners Martinus de Haan and Willem
de Boer on the following questions:

Reference has been made to the Court of Justice of the
European Communities by order of the Unabhängiger Verwal-
tungssenat im Land Niederösterreich, Aussenstelle Mistelbach
the Court Registry on
of 29 January 2002, received at
14 February 2002, for a preliminary ruling in the case of an
appeal by Margareta Scherndl on the following questions: