Source: EURLEX
Language: en
Format: md

22.7.2000 EN Official Journal of the European Communities C 211/3

**JUDGMENT OF THE COURT** **JUDGMENT OF THE COURT**

**(Fifth Chamber)**
**(Fifth Chamber)**
**of 11 May 2000**

**in Case C-38/98 (reference for a preliminary ruling from**
**of 11 May 2000**
**the Corte d’Appello di Torino): Régie Nationale des Usines**
**Renault SA v Maxicar SpA and Orazio Formento** ( [1] )

**in Case C-296/98: Commission of the European Communi-**
_**(Brussels Convention — Enforcement of judgments —**_
**ties v French Republic** ( [1] )
_**Intellectual property rights relating to vehicle body parts —**_
_**Public policy)**_

_**(Failure by a Member State to fulfil its obligations —**_
(2000/C 211/04)
_**Directives 92/49/EEC and 92/96/EEC — National legis-**_
_**lation requiring notification to the competent minister of the**_
_(Language of the case: Italian)_ _**conditions of a standard form contract of insurance when it**_
_**is first marketed)**_

_(Provisional translation; the definitive translation will be published_
_in the European Court Reports)_
(2000/C 211/05)
In Case C-38/98: Reference to the Court pursuant to the
Protocol of 3 June 1971 on the interpretation by the Court of
Justice of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commer- _(Language of the case: French)_
cial Matters by the Corte d’Appello di Torino, Italy, for a
preliminary ruling in the proceedings before that court
between Régie Nationale des Usines Renault SA and Maxicar
SpA, Orazio Formento on the interpretation of Article 27,
_(Provisional translation; the definitive translation will be published_
point 1, of the abovementioned Convention of 27 September
_in the European Court Reports)_
1968 (OJ 1978 L 304, p. 36), as amended by the Convention
of 9 October 1978 on the Accession of the Kingdom of
Denmark, Ireland and the United Kingdom of Great Britain
In Case C-296/98: Commission of the European Communities
and Northern Ireland (OJ 1978 L 304, p. 1 and — amended
(Agents: C. Tufvesson and B. Mongin) v French Republic
version — p. 77) and by the Convention of 25 October 1982
(Agents: K. Rispal-Bellanger and S. Seam) — application for a
on the Accession of the Hellenic Republic (OJ 1982 L 388,
declaration that, by maintaining in force Article L. 310-8 of
p. 1), and of Articles 30 and 36 of the EC Treaty (now, after
the Insurance Code, which provides that, when marketing a
amendment, Articles 28 EC and 30 EC) and Article 86 of the
standard form contract of insurance for the first time in France,
EC Treaty (now Article 82 EC) — the Court (Fifth Chamber),
insurance and capitalisation undertakings must notify it to the
composed of: D.A.O. Edward, President of the Chamber, Minister for Economic and Financial Affairs in accordance
L. Sevo´n, J.-P. Puissochet, P. Jann (Rapporteur) and M. Wathewith the conditions laid down by order of that minister, and
let, Judges, S. Alber, Advocate General; Lynn Hewlett, AdminisArticle A. 310-1 of the same code, which provides that the
trator, for the Registrar, has given a judgment on 11 May
information referred to in the first paragraph of Article L. 3102000, in which it has ruled:
8 is to be provided in the form of a information sheet drawn
up in French containing the information mentioned in the
_Article 27, point 1, of the Convention of 27 September 1968 on_
annex to Article A. 310-1, the French Republic has failed to
_Jurisdiction and the Enforcement of Judgments in Civil and Commer-_
fulfil its obligations under the EC Treaty and under Articles 6,
_cial Matters, as amended by the Convention of 9 October 1978 on_
29 and 39 of Council Directive 92/49/EEC of 18 June 1992
_the Accession of the Kingdom of Denmark, Ireland and the United_
on the coordination of laws, regulations and administrative
_Kingdom of Great Britain and Northern Ireland and by the_
provisions relating to direct insurance other than life assurance
_Convention of 25 October 1982 on the Accession of the Hellenic_
and amending Directives 73/239/EEC and 88/357/EEC (third
_Republic, must be interpreted as meaning that a judgment of a court_
non-life insurance directive) (OJ 1992 L 228, p. 1) and
_or tribunal of a Contracting State recognising the existence of an_
Articles 5, 29 and 39 of Council Directive 92/96/EEC of
_intellectual property right in body parts for cars, and conferring on_
10 November 1992 on the coordination of laws, regulations
_the holder of that right protection by enabling him to prevent third_
and administrative provisions relating to direct assurance and
_parties trading in another Contracting State from manufacturing,_
amending Directives 79/267/EEC and 90/619/EEC (third life
_selling, transporting, importing or exporting in that Contracting_
assurance directive) (OJ 1992 L 360, p. 1) — the Court
_State such body parts, cannot be considered to be contrary to public_
(Fifth Chamber), composed of: J.C. Moitinho de Almeida
_policy._
(Rapporteur), President of the Sixth Chamber, acting as
President of the Fifth Chamber, L. Sevo´n, C. Gulmann,
( [1] ) OJ C 113 of 11.4.1998. J.-P. Puissochet and M. Wathelet, Judges; S. Alber, Advocate
General; H. von Holstein, Deputy Registrar, for the Registrar,
has given a judgment on 11 May 2000, in which it: