CELEX: C1997/108/13
Language: en
Date: 1997-04-05 00:00:00
Title: JUDGMENT OF THE COURT of 27 February 1997 in Case C-177/95 (reference for a preliminary ruling made by the Consiglio di Stato): Ebony Maritime SA and Loten Navigation Co. Ltd v. Prefetto della Provincia di Brindisi and Others (Sanctions against the Federal Republic of Yugoslavia - Conduct in international waters - Confiscation of a vessel and its cargo)

No C 108/8             EN                   Official Journal of the European Communities                                      5 . 4. 97
     of the Member States relating to restrictions on the                   prohibits not only the actual entry of commercial
     marketing and use of certain dangerous substances and                  traffic into the territorial sea of the Federal Republic
     preparations (asbestos), the Kingdom of Belgium has                    of Yugoslavia but also conduct occurring in
     failed to fulfil its obligations under Article 2 (1 ) of               international waters which gives good reason to
     Directive 91 /659/EEC;                                                 believe that the vessel concerned is on course for that
                                                                            territorial sea for the purposes of commercial traffic.
2 . orders the Kingdom of Belgium to pay the costs.
                                                                       2 . A domestic provision which, in the event of an
0 ) OJ No C 180, 22 . 6 . 1996 .
                                                                            ascertained breach of any of the prohibitions laid
                                                                            down in Article 1 of the Regulation, prescribes
                                                                            confiscation of the cargo carried by one of the means
                                                                            of transport indicated in the second paragraph of
                                                                            Article 10 of the Regulation is compatible with the
                                                                            Regulation, in particular with Article 1 0 thereof.
               JUDGMENT OF THE COURT                                   (') OJ No C 208 , 12 . 8 . 1995 .
                     of 27 February 1997
in Case C-177/95 (reference for a preliminary ruling made
by the Consiglio di Stato): Ebony Maritime SA and Loten
Navigation Co. Ltd v. Prefetto della Provincia di Brindisi
                          and Others ( 1 )
                                                                                      JUDGMENT OF THE COURT
(Sanctions against the Federal Republic of Yugoslavia —
Conduct in international waters — Confiscation of a                                              (Fifth Chamber)
                      vessel and its cargo)                                                  of 27 February 1997
                          ( 97/C 108/13 )                              in Case C-220/95 (reference for a preliminary ruling from
                                                                       the Arrondissementsrechtbank te Amsterdam ): Antonius
                (Language of the case: Italian)                                    van den Boogaard v. Paula Laumen (*)
                                                                       (Brussels Convention — Interpretation of Article 1, second
                                                                       paragraph — Definition of rights in property arising out
 (Provisional translation; the definitive translation will be          of a matrimonial relationship — Definition of matters
          published in the European Court Reports)                                         relating to maintenance)
                                                                                                  ( 97/C 108/14)
In Case C- 177/95 : reference to the Court under Article 177
of the EC Treaty by the Consiglio di Stato ( Italy ) for a
                                                                                        (Language of the case: Dutch)
preliminary ruling in the proceedings pending before that
court between Ebony Maritime SA and Loten Navigation
Co. Ltd, and Prefetto della Provincia di Brindisi and                    (Provisional translation; the definitive translation will be
Others — on the interpretation of Article 1 ( 1 ) (c) and (d )                   published in the European Court Reports)
and Article 10 of Council Regulation ( EEC) No 990/93 of
26 April 1993 concerning trade between the European                    In Case C-220/95 : reference to the Court under the
Economic Community and the Federal Republic of
Yugoslavia ( Serbia and Montenegro) ( OJ No L 102, 28 . 4 .
                                                                       Protocol of 3 June 1971 , on the interpretation by the
1993 , p. 14 ) and of Article 1 ( c ) and ( d ) and Article 10 of      Court of Justice of the Convention of 27 September 1968
Decision 93/235/ECSC of the representatives of the                     on Jurisdiction and the Enforcement of Judgments in Civil
Governments of the Member States meeting within the                    and Commercial Matters, by the Arondissementsrechtbank
                                                                       te Amsterdam (District Court, Amsterdam) for a
Council, of 26 April 1993 , concerning trade between the
                                                                       preliminary ruling in the proceedings pending before that
European Coal and Steel Community and the Federal
Republic of Yugoslavia ( Serbia and Montenegro ) ( OJ No               court between Antonius van den Boogaard and Paula
L 102, 28 . 4. 1993 , p. 17) — the Court, composed of:                 Laumen — on the interpretation of the second paragraph
                                                                       of   Article   1   of the      aforementioned  Convention     of
G. C. Rodriguez Iglesias, Presidents, G. F. Mancini, J. L.
Murray and L. Sevon (Presidents of Chambers ), C. N.                   27 September 1968 , as amended by the Convention of
                                                                       9 October 1978 on the accession of the Kingdom of
Kakouris, P. J. G. Kapteyn (Rapporteur), C. Gulmann,
                                                                       Denmark, Ireland and the United Kingdom of Great
D. A. O. Edward, J.-P. Puissochet, H. Ragnemalm and M.
                                                                       Britain and Northern Ireland ( OJ No L 304 , 30. 10. 1978 ,
Wathelet, Judges; F. G. Jacobs, Advocate-General; L.
Hewlett, Administrator, for the Registrar, has given a                 p. 77) and by the Convention of 25 October 1982 on the
judgment on 27 February 1997, the operative part of                    accession of the Hellenic Republic ( OJ No L 388, 31 . 12 .
which is as follows :                                                   1982 , p. 1 ) — the Court ( Fifth Chamber), composed of:
                                                                       J. C. Moitinho de Almeida, President of the Chamber, C.
                                                                       Gulmann, D. A. O. Edward, J. -P. Puissochet and P. Jann
1 . Article 1 (1 ) (c) and (d) of Council Regulation (EEC)             ( Rapporteur), Judges; F. G. Jacobs, Advocate-General; H.
     No 990/93 of 26 April 1993 concerning trade between               von Holstein, Deputy Registrar, for the Registrar, has
     the European Economic Community and the Federal                   given a judgment on 27 February 1997, in which it has
     Republic of Yugoslavia (Serbia and Montenegro)                    ruled :