CELEX: C2005/069/12
Language: en
Date: 2005-03-19 00:00:00
Title: Case C-3/05: Reference for a preliminary ruling by the Corte d'Appello di Cagliari by order of that court of 12 November 2004 in the case of Gaetano Verdoliva against J.M. Van Der Hoeven B.N.

19.3.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 69/6
            
         Reference for a preliminary ruling by the Corte d'Appello di Cagliari by order of that court of 12 November 2004 in the case of Gaetano Verdoliva against J.M. Van Der Hoeven B.N.
   (Case C-3/05)
   (2005/C 69/12)
   Language of the case: Italian
   Reference has been made to the Court of Justice of the European Communities by order of the Corte d'Appello di Cagliari (Italy) of 12 November 2004, received at the Court Registry on 6 January 2005, for a preliminary ruling in the case of Gaetano Verdoliva and J.M. Van Der Hoeven B.N. on the following questions:
   
               —
            
            
               ‘Does the Brussels Convention provide its own definition of notice of procedural documents or is that concept left to be defined by national rules?
            
         
               —
            
            
               Can it be inferred from the rules of the Brussels Convention, and in particular from Article 36 thereof, that the decision authorising enforcement referred to in Article 36 of the Convention may be the subject of acts equivalent to service?
            
         
               —
            
            
               Does notice of the decision authorising enforcement, in cases of failure of, or defective, service, none the less cause time to run for the purposes of the time-limit referred to in that article? If not, is the Brussels Convention to be interpreted as limiting the ways in which there may be found to be notice of the decision authorising enforcement?’