CELEX: C2004/047/32
Language: en
Date: 2004-02-21 00:00:00
Title: 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.

C 47/20                 EN                      Official Journal of the European Union                                          21.2.2004
Pleas in law and main arguments                                         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
The period within which the directive was to be implemented             10 December 2003, in the case of The Queen on the
expired on 30 July 2000.                                                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.
                                                                                                (Case C-535/03)
                                                                                                 (2004/C 47/33)
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                  Reference has been made to the Court of Justice of the
   Spezialfabrik für Anhängerkupplungen GmbH & Co.                      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
                         (Case C-522/03)                                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
                          (2004/C 47/32)                                against Department for Environment, Food and Rural Affairs,
                                                                        on the following questions:
Reference has been made to the Court of Justice of the
European Communities by order of the Oberlandesgericht                  Are:
München of 24 June 2003, received at the Court Registry on
6 November 2003, for a preliminary ruling in the case of SA
                                                                        (1) paragraph 4(b), and the part of paragraph 6(a) which
Scania Finance France against Rockinger Spezialfabrik für
                                                                              refers to paragraph 4(b), of Annex XVII of Council
Anhängerkupplungen GmbH & Co. on the following ques-
                                                                              Regulation 2341/2002 of 20 December 2002 (1); and/or
tions:
1.    Is point 2 of Article 27 of the Brussels Convention of            (2) paragraph 4(b), and the part of paragraph 6(a) which
      27 September 1968, as amended by the Fourth Conven-                     refers to paragraph 4(b), of Annex XVII of Council
      tion on Accession of 29 November 1996, in conjunction                   Regulation 2341/2002 of 20 December 2002 as
      with the first paragraph of Article IV of the Protocol to               amended by Regulation 671/2003 of 10 April 2003 (2);
      the Brussels Convention of 27 September 1968, as                        and/or
      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           (3) Article 1 of Commission Decision 2003/185 of 14 March
      the time of service of the document instituting proceed-                2003 (3) insofar as the Commission refuses to extend,
      ings is domiciled in a Contracting State other than the                 under paragraph 6(b) of Annex XVII of Council Regu-
      State of the court, only in accordance with the conven-                 lation 2341/2002, the number of days available to vessels
      tions concluded between the Contracting States?                         carrying the gear in the class referred to in paragraph 4(b)
                                                                              of that Annex, by two days,
2.    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 the time of the service, is                unlawful in their application to open gear beam trawlers
      domiciled in another Member State is deemed constituted           because they are:
      by a domestic service whereby the bailiff of the court
      lodges the document instituting proceedings with the
      public prosecution service, which forwards the docu-              (a)   contrary to Articles 33 (ex 39) and 34 (ex 40) EC,
      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?         (b) contrary to Articles 28 (ex 30) and 29 (ex 34) EC,
                                                                        (c)   disproportionate,