Case C-283/05: Judgment of the Court (First Chamber) of 14 December 2006 (reference for a preliminary ruling from the Oberster Gerichtshof — Austria) — ASML Netherlands BV v Semiconductor Industry Services GmbH (SEMIS) (Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Recognition and enforcement — Article 34(2) — Judgment given in default of appearance — Ground for refusal — Meaning of the requirement that it must be possible for a defendant in default of appearance to commence proceedings to challenge the judgment — Failure to serve the judgment)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: appeal, civil law, commercial law, enforcement of ruling, interpretation of the law, judicial proceedings, jurisdiction, rights of the defence

C 331/12

EN

Official Journal of the European Union

30.12.2006

Judgment of the Court (First Chamber) of 14 December
2006 (reference for a preliminary ruling from the Oberster
Gerichtshof — Austria) — ASML Netherlands BV v Semi-
conductor Industry Services GmbH (SEMIS)

(Case C-283/05) (1)

Judgment of the Court (Sixth Chamber) of 30 November
the European Communities v
2006 — Commission of

Italian Republic

(Case C-293/05) (1)

(Jurisdiction and the recognition and enforcement of judg-
ments in civil and commercial matters — Regulation (EC) No
44/2001 — Recognition and enforcement — Article 34(2) —
Judgment given in default of appearance — Ground for
it must be
refusal — Meaning of the requirement
‘possible’
to
commence proceedings to challenge the judgment — Failure to
serve the judgment)

in default of appearance

for a defendant

that

(2006/C 331/19)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: ASML Netherlands BV

Defendant: Semiconductor Industry Services GmbH (SEMIS)

Re:

Reference for a preliminary ruling — Oberster Gerichtshof
(Austria) — Interpretation of Article 34(2) of Council Regu-
lation (EC) No 44/2001 of 22 December 2000 on jurisdiction
and the recognition and enforcement of judgments in civil and
commercial matters (OJ 2001 L 12, p. 1) — Recognition of a
default judgment — Possibility of challenge of the decision by
the defaulting defendant — No duly effected service or notifica-
tion

(Failure of a Member State to fulfil obligations — Directive
91/271/EEC — Pollution and nuisance — Urban waste-water
treatment — Province of Varese)

(2006/C 331/20)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: S. Pardo Quintillán and D. Recchia, Agents)

Defendant: Italy (represented by: I. M. Braguglia, Agent, M. Fior-
illi, avoccato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Breach of
Article 5(2) of Council Directive 91/271/EEC of 21 May 1991
concerning urban waste-water treatment (OJ 1991 L 135, p.
40) — Insufficiently stringent treatment of urban waste-water
from the agglomeration of several communes of the Province of
Varese situated in the basin of the River Olona

Operative part of the judgment

The Court:

Operative part of the judgment

Article 34(2) of Council Regulation (EC) No 44/2001 of 22
December 2000 on jurisdiction and the recognition and enforcement
of judgments in civil and commercial matters is to be interpreted as
meaning that it is ‘possible’ for a defendant to bring proceedings to
challenge a default
judgment against him only if he was in fact
acquainted with its contents, because it was served on him in sufficient
time to enable him to arrange for his defence before the courts of the
State in which the judgment was given.

1. Declares that, by failing to take measures to ensure that, as from
31 December 1998, urban waste-water from the agglomeration of
several communes of the Province of Varese situated in the basin of
the River Olona is subject to more stringent treatment than the
secondary treatment or equivalent treatment provided for in Article
4 of Council Directive 91/271/EEC of 21 May 1991 concerning
urban waste-water treatment, the Italian Republic has failed to
fulfil its obligations under Article 5(2) and (5) of that directive;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 229, 17.9.2005.

(1) OJ C 229, 17.9.2005.