CELEX: C1995/137/01
Language: en
Date: 1995-06-03 00:00:00
Title: JUDGMENT OF THE COURT of 28 March 1995 in Case C-346/93 (reference for a preliminary ruling from the Court of Appeal): Kleinwort Benson Ltd v. City of Glasgow District Council (Brussels Convention - National legislation modelled on it - Interpretation - Question submitted for a preliminary ruling - Lack of jurisdiction of the Court)

3 . 6 . 95            EN J               Official Journal of the European Communities                                     No C 137/ 1
                                                                 I
                                                          (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
               JUDGMENT OF THE COURT                                the Court does not have jurisdiction to give a preliminary
                      of 28 March 1995                              ruling on the question submitted by the Court of Appeal.
in Case C-346/93 ( reference for a preliminary ruling from
                                                                    (') OJ No C 231 , 27 . 8 . 1993 .
the Court of Appeal ): Kleinwort Benson Ltd v. City of              ( 2 ) OJ No L 299 , 31 . 12 . 1992 , p . 32 .
                  Glasgow District Council ( ] )                    (') OJ No L 304 , 30 . 10 . 1978 , p. 1 and — text of Convention as
(Brussels Convention — National legislation modelled on it                amended — p. 77 .
— Interpretation — Question submitted for a preliminary
          ruling — Lack of jurisdiction of the Court)
                         ( 95/C 137/01 )
                                                                                   JUDGMENT OF THE COURT
                                                                                              of 4 April 1995
                (Language of the case: English)                     in Case      C-348/93 : Commission of the                European
                                                                                 Communities v. Italian Republic ( ! )
                                                                    (Failure of a Member State to fulfil its obligations — State
                                                                    aid incompatible with the common market — Recovery —
In Case C-346/93 : reference to the Court under the Protocol                            Public holding company)
of 3 June 1971 on the interpretation by the Court of Justice                                   ( 95/C 137/02 )
of the Convention of 27 September 1968 on jurisdiction and
the enforcement of judgments in civil and commercial
matters by the Court of Appeal for a preliminary ruling in                          (Language of the case: Italian)
the proceedings pending before that court between
Kleinwort Benson Ltd and City of Glasgow District Council           (Provisional translation; the definitive translation will be
— on the interpretation of Article 5 ( 1 ) and ( 3 ) of the                   published in the European Court Reports)
abovementioned Convention of 27 September 1968 ( 2 ), as
amended by the Convention of 9 October 1978 on the                  In Case C-348/93 : Commission of the European
Accession of the Kingdom of Denmark, Ireland and the                Communities (Agents : Antonino Abate and Vittorio Di
United Kingdom of Great Britain and Northern Ireland ( 3 )          Bucci ) v. Italian Republic ( Agent: Luigi Ferrari Bravo ) —
— the Court, composed of G. C. Rodriguez Iglesias,                  application for a declaration that, by failing to abolish and
President, F. A. Schockweiler ( Rapporteur ), P.J. G. Kapteyn       recover within the prescribed period the aid improperly paid
and C. Gulmann, Presidents of Chambers , G. F. Mancini,             to the Alfa Romeo Group in the amount of Lit 615,1
C. N. Kakouris , J. C. Moitinho de Almeida , J. L. Murray,          thousand million plus default interest calculated from
D. A. O. Edward, J.-P. Puissochet and G. Hirsch, Judges; G.         September 1991 to the date of payment of the amount in
Tesauro, Advocate-General ; H. von Holstein, Deputy                 question, and/or by failing to notify the Commission of the
Registrar, for the Registrar, gave a judgment on 28 March           measures adopted to that end, the Italian Republic has failed
 1995 , the operative part of which is as follows :                 to fulfil its obligations under Commission Decision