Case C-522/03: Reference for a preliminary ruling by the Oberlandesgericht München by order of that Court of 24 June 2003 in the case of SA Scania Finance France against Rockinger Spezialfabrik für Anhängerkupplungen GmbH & Co.
Date: 2004-02-21
Institutions: Court of Justice
Subjects: civil law, commercial law, interpretation of the law, jurisdiction

C 47/20

EN

Official Journal of the European Union

21.2.2004

Pleas in law and main arguments

The period within which the directive was to be implemented
expired on 30 July 2000.

Reference for a preliminary ruling by the High Court
of Justice (England & Wales), Queen’s Bench Division
(Administrative Court) by order of that court dated
10 December 2003, in the case of The Queen on the
application of 1) Unitymark Ltd, 2) North Sea Fishermen’s
Organisation against Department for Environment, Food
and Rural Affairs

(1) OJ 1998 L 213, p. 13.

Reference for a preliminary ruling by the Oberlandesge-
richt München by order of that Court of 24 June 2003 in
the case of SA Scania Finance France against Rockinger
Spezialfabrik für Anhängerkupplungen GmbH & Co.

(Case C-522/03)

(2004/C 47/32)

Reference has been made to the Court of Justice of the
European Communities by order of the Oberlandesgericht
München of 24 June 2003, received at the Court Registry on
6 November 2003, for a preliminary ruling in the case of SA
Scania Finance France against Rockinger Spezialfabrik für
Anhängerkupplungen GmbH & Co. on the following ques-
tions:

1.

2.

Is point 2 of Article 27 of the Brussels Convention of
27 September 1968, as amended by the Fourth Conven-
tion on Accession of 29 November 1996, in conjunction
with the first paragraph of Article IV of the Protocol to
the Brussels Convention of 27 September 1968, as
amended by the Fourth Convention on Accession of
29 November 1996, to be interpreted as meaning that
judicial documents may be served on a defendant, who at
the time of service of the document instituting proceed-
ings is domiciled in a Contracting State other than the
State of the court, only in accordance with the conven-
tions concluded between the Contracting States?

the service,

the time of

If not, is Article 12 EC to be interpreted as precluding a
national rule under which service of a judicial document
on a defendant who, at
is
domiciled in another Member State is deemed constituted
by a domestic service whereby the bailiff of the court
lodges the document instituting proceedings with the
public prosecution service, which forwards the docu-
ments for transfer by contractual or diplomatic means,
and, by registered letter with notice of delivery, notifies
the foreign party of the service which has been effected?

(Case C-535/03)

(2004/C 47/33)

Reference has been made to the Court of Justice of the
European Communities by an order of the High Court of
Justice (England & Wales), Queen’s Bench Division (Adminis-
trative Court) dated 10 December 2003, which was received
at the Court Registry on 19 December 2003, for a preliminary
ruling in the case of The Queen on the application of
1) Unitymark Ltd, 2) North Sea Fishermen’s Organisation
against Department for Environment, Food and Rural Affairs,
on the following questions:

Are:

(1) paragraph 4(b), and the part of paragraph 6(a) which
refers to paragraph 4(b), of Annex XVII of Council
Regulation 2341/2002 of 20 December 2002 (1); and/or

(2) paragraph 4(b), and the part of paragraph 6(a) which
refers to paragraph 4(b), of Annex XVII of Council
Regulation 2341/2002 of 20 December 2002 as
amended by Regulation 671/2003 of 10 April 2003 (2);
and/or

(3) Article 1 of Commission Decision 2003/185 of 14 March
2003 (3) insofar as the Commission refuses to extend,
under paragraph 6(b) of Annex XVII of Council Regu-
lation 2341/2002, the number of days available to vessels
carrying the gear in the class referred to in paragraph 4(b)
of that Annex, by two days,

unlawful
because they are:

in their application to open gear beam trawlers

(a)

contrary to Articles 33 (ex 39) and 34 (ex 40) EC,

(b)

contrary to Articles 28 (ex 30) and 29 (ex 34) EC,

(c)

disproportionate,