CELEX: C1997/295/20
Language: en
Date: 1997-09-27 00:00:00
Title: Reference for a preliminary ruling by the Bundesgerichtshof by order of that court of 26 June 1997 in the case of Unibank A/S v. Fleming G. Christensen (Case C-260/97)

27 . 9 . 97               EN                    Official Journal of the European Communities                                   C 295/ 13
Reference for a preliminary ruling from the Finanzgericht                      the basis for enforcement and if it can constitute the
Diisseldorf, by order of that court of 2 July 1997, in the                     basis for enforcement under the law of the State in
      case of Uwe Clees against Hauptzollamt Wuppertal                         which it was drawn up, albeit subject to the condition
                           ( Case C-259/97 )                                   that the court with jurisdiction to enforce it may
                                                                               refuse the creditor's application for enforcement if, as
                              ( 97/C 295/ 19 )                                 a result of objections to the basis for enforcement,
                                                                               there    are   doubts      as  to   whether  enforcement
                                                                               proceedings should be continued ?
Reference has been made to the Court of Justice of the
European Communities by order of the Finanzgericht                             If the answer to Question 1 is in the affirmative :
( Finance Court) Diisseldorf of 2 July 1997, received at the
Court Registry on 18 July 1997, for a preliminary ruling                   2 . Can an application for recognition of a decision or
in the case of Uwe Clees v. Hauptzollamt Wuppertal on
                                                                               authentic instrument submitted to a court having local
the following question:                                                        jurisdiction within the meaning of Article 32 ( 2 ) of the
                                                                               Brussels    Convention      be  rendered inadmissible   or
                                                                               unfounded by reason of the fact that, while appeal
Is Heading No 9705 of the combined nomenclature of                             proceedings ( Article 36 of the Brussels Convention )
Regulation (EEC ) No 2658/87 (*) in the version of Annex I                     are pending, the debtor has left the State in which the
thereto, as amended by Regulation ( EEC ) No 2472/90 ( 2 ),                    proceedings were instituted and his new place of
to be interpreted as meaning that as a rule motor vehicles                     residence is unknown ?
as collectors' pieces of historical interest:
      are required merely to be in their original state —
      without substantial changes to the chassis, steering or
       braking system, engine, etc .,
                                                                           Reference for a preliminary ruling by the Arbeidshof,
                                                                           Antwerp by judgment of that court of 11 July 1997 in the
       at least 30 years old, and                                          case of Rijksdienst voor Pensioenen against Robert
                                                                                                       Engelbrecht
                                                                                                   ( Case C-262/97 )
— of a model or type which is no longer in production ?
                                                                                                     ( 97/C 295/21 )
(') OJ L 256 , 7 . 9 . 1987, p . 1 .
( 2 ) OJ L 247, 10 . 9 . 1990 , p . 1 .                                    Reference has been made to the Court of Justice of the
                                                                           European Communities by judgment of the Arbeidshof
                                                                           ( Higher Labour Court ), Antwerp, of 11 July 1997,
                                                                           received at the Court Registry on 21 July 1997, for a
                                                                           preliminary ruling in the case of Rijksdienst voor
                                                                           Pensioenen against Robert Engelbrecht on the following
                                                                           questions:
Reference for a preliminary ruling by the Bundes­
gerichtshof by order of that court of 26 June 1997 in the                  1.   Is the view that a national court which concludes that
          case of Unibank A/S v. Fleming G. Christensen
                                                                                an applicable national provision requiring a migrant
                            ( Case C-260/97 )                                   worker's pension to be reduced ( such as Article 3 ( 1 )
                                                                                and Article 3 ( 8 ) of the Belgian Law of 20 July 1990
                               ( 97/C 295/20 )
                                                                                requiring the amount of the pension received by a
                                                                                migrant worker's spouse to be deducted from that
                                                                                worker's household pension, on the ground that the
 Reference has been made to the Court of Justice of the                         spouse's pension is a benefit equivalent to a pension)
 European Communities by order of the Bundesgerichtshof                         and considers that it is impossible to interpret that
 ( Federal Court of Justice ) of 26 June 1997, which was                        national rule in such a way as to eliminate the
 received at the Court Registry on 18 July 1997, for a                          unexpected adverse effects of the lack of coordination
 preliminary ruling in the case of Unibank A/S v. Fleming                       between social security schemes in the interests of free
 G. Christensen on the following questions :                                    movement of workers or holds that the application of
                                                                                that rule in the case in point constitutes an obstacle to
                                                                                free movement of workers, may not disapply the
 1 . Is a promissory note signed by a debtor without the                        relevant Belgian legislation, compatible with
       involvement of a public official —               such as the             Community law, in particular Articles 5 , 48 and 51
       gceldsbrev under Danish law ( Paragraph         478 ( 1 ) ( 5 ) of       of the Treaty of 25 March 1957 establishing
       the Danish Law on the Administration            of Justice ) —           the European Economic Community and, more
       an authentic instrument within the                meaning of             specifically, the principles of free movement of
       Article   50     of the Brussels        Convention,    if that           workers and cooperation in good faith between the
       promissory note expressly specifies that it can serve as                 competent authorities ?