CELEX: C1999/204/18
Language: en
Date: 1999-07-17 00:00:00
Title: Judgment of the Court (Second Chamber) of 29 April 1999 in Case C-224/97 (reference for a preliminary ruling from the Verwaltungsgerichtshof): Erich Ciola v Land Vorarlberg (Free movement of services - Restriction - Moorings - Restriction for boat-owners resident in another Member State)

C 204/10                EN                      Official Journal of the European Communities                                           17.7.1999
                 JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                        (Second Chamber)                                                             (Fifth Chamber)
                         of 29 April 1999
                                                                                                    of 29 April 1999
in Case C-224/97 (reference for a preliminary ruling
from the Verwaltungsgerichtshof): Erich Ciola v Land                       in Case C-267/97 (reference for a preliminary ruling
                            Vorarlberg(1)                                  from the Cour Supérieure de Justice [Luxembourg]):
                                                                           Éric Coursier v Fortis Bank SA, Martine Coursier, née
                                                                                                         Bellami (1)
(Free movement of services — Restriction — Moorings —
Restriction for boat-owners resident in another Member
                                State)                                     (Brussels Convention — Enforcement of decisions — Article
                                                                           31 — Enforceability of a decision — Collective proceedings
                                                                                               for the discharge of debts)
                          (1999/C 204/18)
                                                                                                     (1999/C 204/19)
                   (Language of the case: German)
                                                                                               (Language of the case: French)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)
                                                                           In Case C-267/97: reference to the Court under the Protocol
                                                                           of 3 June 1971 on the interpretation by the Court of Justice of
In Case C-224/97, Reference to the Court under Article 177                 the Convention of 27 September 1968 on Jurisdiction and the
of the EC Treaty by the Verwaltungsgerichtshof, Austria, for a             Enforcement of Judgments in Civil and Commercial Matters by
preliminary ruling in the proceedings pending before that                  the Cour Supérieure de Justice (Luxembourg) for a preliminary
court between Erich Ciola and Land Vorarlberg — on the                     ruling in the proceedings pending before that court between
interpretation of Articles 59 to 65 in conjunction with Article            Éric Coursier and Fortis Bank SA, Martine Coursier, née Bellami
5 of the EC Treaty and Article 2 of the Act concerning the                 — on the interpretation of the first paragraph of Article 31 of
conditions of accession of the Republic of Austria, the Republic           the abovementioned Convention of 27 September 1968 (OJ
of Finland and the Kingdom of Sweden and the adjustments to                1975 L 204, p. 28), as amended by the Convention of 9
the Treaties on which the European Union is founded (OJ                    October 1978 on the Accession of the Kingdom of Denmark,
1994 C 241, p. 21, and OJ 1995 L 1, p. 1) — the Court                      Ireland and the United Kingdom of Great Britain and Northern
(Second Chamber), composed of: G. Hirsch (Rapporteur),                     Ireland (OJ 1978 L 304, p. 1), by the Convention of 25
President of the Chamber, R. Schintgen and K.M. Ioannou,                   October 1982 on the Accession of the Hellenic Republic (OJ
Judges; Advocate General; J. Mischo; H.A. Rühl, Principal                  1982 L 388, p. 1) and by the Convention of 26 May 1989 on
Administrator, for the Registrar, has given a judgment on                  the Accession of the Kingdom of Spain and the Portuguese
29 April 1999, in which it held that:                                      Republic (OJ 1989 L 285, p. 1) — the Court (Fifth Chamber),
                                                                           composed of J.-P. Puissochet, President of the Chamber,
1. Article 59 of the EC Treaty must be interpreted as precluding a         P. Jann, J.C. Moitinho de Almeida, C. Gulmann and D.A.O. Ed-
    Member State from prohibiting the manager of a boat harbour,           ward (Rapporteur), Judges; A. La Pergola, Advocate General;
    on pain of prosecution, from renting moorings in excess of a           D. Louterman-Hubeau, Principal Administrator, for the Regis-
    specified quota to boat-owners who are resident in other Member        trar, has given a judgment on 29 April 1999, in which it has
    States.                                                                ruled:
2. A prohibition which is contrary to the freedom to provide services,
    laid down before the accession of a Member State to the European       The term ‘enforceable’ in the first paragraph of Article 31 of the
    Union not by a general abstract rule but by a specific                 Convention of 27 September 1968 on Jurisdiction and the Enforce-
    individual administrative decision that has become final, must be      ment of Judgments in Civil and Commercial Matters, as amended by
    disregarded when assessing the validity of a fine imposed for          the Convention of 9 October 1978 on the Accession of the Kingdom
    failure to comply with that prohibition after the date of accession.   of Denmark, Ireland and the United Kingdom of Great Britain and
                                                                           Northern Ireland, by the Convention of 25 October 1982 on the
                                                                           Accession of the Hellenic Republic and by the Convention of 26 May
                                                                           1989 on the Accession of the Kingdom of Spain and the Portuguese
(1) OJ C 228 of 26.7.1997.                                                 Republic, is to be interpreted as referring solely to the enforceability,
                                                                           in formal terms, of foreign decisions and not to the circumstances in
                                                                           which such decisions may be executed in the State of origin. It is for
                                                                           the court of the State in which enforcement is sought, in appeal
                                                                           proceedings brought under Article 36 of the Brussels Convention, to