CELEX: C1999/204/10
Language: en
Date: 1999-07-17 00:00:00
Title: Judgment of the Court of 27 April 1999 in Case C-99/96 (reference for a preliminary ruling from the Bundesgerichtshof): Hans-Hermann Mietz v Intership Yachting Sneek BV (Brussels Convention - Concept of provisional measures - Construction and delivery of a motor yacht)

C 204/6                  EN                       Official Journal of the European Communities                                           17.7.1999
                  JUDGMENT OF THE COURT                                          It is in this regard irrelevant that the contracting parties have
                                                                                 described their contract as a ‘contract of sale’. A contract having
                          of 27 April 1999                                       the characteristics mentioned above is however to be classified as
                                                                                 a contract for the supply of services or of goods within the
                                                                                 meaning of Article 13, first paragraph, point 3, of the
in Case C-99/96 (reference for a preliminary ruling from
                                                                                 Convention of 27 September 1968. It is for the national court,
the Bundesgerichtshof): Hans-Hermann Mietz v Intership
                       Yachting Sneek BV (1)                                     should the need arise, to determine whether the particular case
                                                                                 before it involves a supply of services or a supply of goods.
(Brussels Convention — Concept of provisional measures —
          Construction and delivery of a motor yacht)                        2. A judgment ordering interim payment of contractual consider-
                                                                                 ation, delivered at the end of a procedure such as that provided
                           (1999/C 204/10)                                       for under Articles 289 to 297 of the Netherlands Code of Civil
                                                                                 Procedure by a court not having jurisdiction under the Convention
                                                                                 of 27 September 1968 as to the substance of the matter is not a
                    (Language of the case: German)                               provisional measure capable of being granted under Article 24
                                                                                 of that Convention unless, first, repayment to the defendant of
                                                                                 the sum awarded is guaranteed if the plaintiff is unsuccessful as
(Provisional translation; the definitive translation will be published           regards the substance of his claim and, second, the measure
                    in the European Court Reports)                               ordered relates only to specific assets of the defendant located or
                                                                                 to be located within the confines of the territorial jurisdiction of
In Case C-99/96: reference to the Court under the Protocol of                    the court to which application is made.
3 June 1971 on the Interpretation by the Court of Justice of
the Convention of 27 September 1968 on Jurisdiction and the
Enforcement of Judgments in Civil and Commercial Matters
from the Bundesgerichtshof (Federal Court of Justice)                        (1) OJ C 145 of 18.5.1996.
(Germany), for a preliminary ruling in the proceedings pending
before that court between Hans-Hermann Mietz and Intership
Yachting Sneek BV — on the interpretation of Article 13, first
paragraph, points 1 and 3, Article 24, Article 28, second
paragraph, and Article 34, second paragraph, of the above
Convention of 27 September 1968 (OJ 1978 L 304, p. 36), as
amended by the Convention of 9 October 1978 on the
Accession of the Kingdom of Denmark, Ireland and the United
Kingdom of Great Britain and Northern Ireland (OJ 1978 L
304, p. 1 and — amended text — p. 77) and by the Convention
of 25 October 1982 on the Accession of the Hellenic
Republic (OJ 1982 L 388, p. 1) — the Court, composed of:                                       JUDGMENT OF THE COURT
G.C. Rodrı́guez         Iglesias,     President,        P.J.G. Kapteyn,
J.-P. Puissochet, G. Hirsch and P. Jann (Presidents of Cham-
bers), G.F. Mancini, J.C. Moitinho de Almeida, C. Gulmann,                                             of 27 April 1999
J.L. Murray, D.A.O. Edward (Rapporteur), H. Ragnemalm,
L. Sevón and M. Wathelet, Judges; P. Léger, Advocate General;
L. Hewlett, Administrator, for the Registrar, has given a                    in Case C-48/97 (reference for a preliminary ruling by the
judgment on 27 April 1999, in which it has ruled:                            VAT and Duties Tribunal, London): Kuwait Petroleum
                                                                                 (GB) Ltd v Commissioners of Customs & Excise (1)
1. Article 13, first paragraph, point 1, of the Convention of
     27 September 1968 on Jurisdiction and the Enforcement of
     Judgments in Civil and Commercial Matters, as amended by the            (Sixth VAT Directive — Sales promotion scheme — Goods
     Convention of 9 October 1978 on the Accession of the Kingdom            supplied on redemption of vouchers — Supply for consider-
     of Denmark, Ireland and the United Kingdom of Great Britain                  ation — Price discounts and rebates — Definition)
     and Northern Ireland, and by the Convention of 25 October
     1982 on the Accession of the Hellenic Republic, must be
     construed as not applying to a contract between two parties                                       (1999/C 204/11)
     having the following characteristics, that is to say, a contract:
     — relating to the manufacture by the first contracting party of
         goods corresponding to a standard model, to which certain                               (Language of the case: English)
         alterations have been made;
     — by which the first contracting party has undertaken to                In Case C-48/97, reference to the Court under Article 177 of
         transfer the property in those goods to the second contracting      the EC Treaty by the VAT and Duties Tribunal, London, for a
         party, who has undertaken, by way of consideration, to pay          preliminary ruling in the proceedings pending before that
         the price in several instalments; and                               court between Kuwait Petroleum (GB) Ltd and Commissioners
                                                                             of Customs & Excise on the interpretation of Articles 2, point
     — in which provision is made for the final instalment to be             1, 5(6), 11A(3)(b) and 27 of the Sixth Council Directive
         paid before possession of the goods is transferred definitively     77/388/EEC of 17 May 1977 on the harmonisation of the
         to the second contracting party.                                    laws of the Member States relating to turnover taxes —