CELEX: C1995/299/04
Language: en
Date: 1995-11-11 00:00:00
Title: JUDGMENT OF THE COURT of 19 September 1995 in Case C-364/93 (reference for a preliminary ruling from the Corte Suprema di Cassazione): Antonio Marinari v. Lloyds Bank plc and Zubaidi Trading Company (Brussels Convention - Article 5 (3) - Place where the harmful event occurred)

No C 299/4            EN                  Official Journal of the European Communities                                   11 . 11 . 95
             JUDGMENT OF THE COURT                                                  JUDGMENT OF THE COURT
                   of 19 September 1995                                                  of 19 September 1995
in Case C-364/93 ( reference for a preliminary ruling from           in Case C-48/94 ( reference for a preliminary ruling from
the Corte Suprema di Cassazione ): Antonio Marinari v.               the Sø- og Handelsretten , Copenhagen ): Ledernes
    Lloyds Bank pic and Zubaidi Trading Company (')                  Hovedorganisation , acting on behalf of Ole Rygaard v.
(Brussels Convention — Article 5 (3) — Place where the               Dansk Arbejdsgiverforening, acting on behalf of Strø Mølle
                  harmful event occurred)                                                      Akustik A/S ( 1 )
                          ( 95/C 299/04 )                            (Interpretation ofArticle 1(1) ofDirective 77/187/EEC —
                                                                      Transfer of an undertaking — Contract between two
                                                                     contractors for the completion of works made with the
                                                                         consent of the awarder of the main building contract)
               (Language of the case: Italian)                                                 ( 95/C 299/05 )
(Provisional translation; the definitive translation will he                         (Language of the case: Danish)
        published in the European Court Reports)
                                                                     (Provisional translation; the definitive translation will be
In Case C-364/ 93 : reference to the Court under the Protocol                  published in the European Court Reports)
of 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             In Case C-48/94 : reference to the Court under Article 177 of
Matters by the Corte Suprema di Cassazione for a
preliminary ruling in the proceedings pending before that            the EC Treaty from the So- og Handelsretten ( Maritime and
court between Antonio Marinari , on the one hand , and               Commercial Court ) for a preliminary ruling in the
Lloyd 's Bank pic and Zubaidi Trading Company , on the               proceedings pending before that court between Ledernes
other — on the interpretation of Article 5 ( 3 ) of the              Hovedorganisation, acting on behalf of Ole Rygaard and
Convention of 27 September 1968 on Jurisdiction and the              Dansk Arbejdsgiverforening, acting on behalf of Strø Mølle
Enforcement of Judgments in Civil and Commercial                     Akustik A/S — on the interpretation of Article 1 ( 1 ) of
Matters ( OJ 1978 L 304, p. 36 ), as amended by the                  Council Directive 77/ 187/EEC of 14 February 1977 on the
Convention of 9 October 1978 on the accession of the                 approximation of the laws of the Member States relating to
                                                                     the safeguarding of employees ' rights in the event of
Kingdom of Denmark, of Ireland , and of the United
                                                                     transfers of undertakings, businesses or parts of businesses
Kingdom of Great Britain and Northern Ireland ( OJ 1978
                                                                     ( OJ 1977 L 61 , p. 26 ) — the Court, composed of G. C.
L 304 , p. 1 and — amended text — p. 77 ) and by the
Convention of 25 October 1982 on the accession of the                Rodriguez Iglesias , President, F. A. Schockweiler, P. J. G.
                                                                     Kapteyn and P. Jann ( Presidents of Chambers ), G. F.
Hellenic Republic ( OJ 1982 L 388 , p. 1 ) — the Court,
                                                                     Mancini , C. N. Kakouris , J. C. Moitinho de Almeida
composed of G. C. Rodriguez Iglesias, President, E. A.
                                                                     ( Rapporteur ), J. L. Murray, G. Hirsch , H. Ragnemalm
Schockweiler, P. J. G. Kapteyn and P. Jann ( Presidents of
Chambers ), G. F. Mancini , C. N. Kakouris, J. C. Moitinho           and L. Sevón, Judges ; G. Cosmas , Advocate-General ;
                                                                     L. Hewlett, Administrator, for the Registrar, has given a
de Almeida ( Rapporteur ), J. -P. Puissochet, G. Hirsch ,
                                                                     judgment on 19 September 1995 , in which it rules :
H. Ragnemalm and L. Sevón , Judges; P. Leger,
Advocate-General ; D. Louterman-Hubeau , Principal
Administrator, for the Registrar, has given a judgment on
 19 September 1995 , in which it rules :                             the taking over, with a view to completing, with the consent
                                                                     of the awarder of the main building cointract, works started
                                                                     by another undertaking, of two apprentices and an
                                                                     employee, together with the materials assigned to those
the term 'place where the harmful event occurred ' in                works, does not constitute a transfer of an undertaking,
Article 5 (3) of the Convention of 27 September 1968 on              business or part of a business within the meaning ofArticle 1
Jurisdiction and the Enforcement ofJudgments in Civil and            ( 1 ) of Council Directive 77/ 1 87/EEC of 14 February 1977
Commercial Matters must be interpreted as not referring to           on the approximatioin of the laws of the Member States
the place where the victim claims to have suffered financial         relating to the safeguarding of employees ' rights in the event
loss consequential upon initial damage arising and suffered          of transfers of undertakings, businesses or parts of
by him in another Contracting State.                                 businesses .
(') OJ No C 238 , 2 . 9 . 1993 .                                     (') OJ No C 90 , 26 . 3 . 1994 .