CELEX: C1995/137/30
Language: en
Date: 1995-06-03 00:00:00
Title: References for a preliminary ruling by the Pretura Circondariale di Roma - Sezione distaccate di Tivoli e di Castelnuovo - by orders of those courts of February and March 1995 in criminal proceedings pending before them against Giuseppe Salmaggi, Savatore Pasquire and Massimo Zappone (Cases C-112/95, C-119/95 and C-123/95)

No C 137/ 14           f EN                  Official Journal of the European Communities                                        3 . 6 . 95
 1 . Is an oral agreement on the place of performance                   References for a preliminary ruling by the Pretura
     ( Brussels Convention, Article 5 ) to be recognized even if        Circondariale di Roma — Sezione distaccate di Tivoli e di
     it is not intended to fix the place at which the person            Castelnuovo — by orders of those courts of February and
     liable has to perform the obligations incumbent on him,            March 1995 in criminal proceedings pending before them
     but is intended solely to establish — informally — that            against Giuseppe Salmaggi, Savatore Pasquire and Massimo
     the courts for a particular place are to have jurisdiction                                         Zappone
     (a so-called 'abstract' agreement on the place of                          ( Cases C-112/95 , C-119/95 and C-123/95 )
     performance )?
                                                                                                    ( 95/C 137/30 )
2 . In the event that the Court of Justice should answer
     question 1 in the negative :                                       References have been made to the Court of Justice of the
                                                                        European Communities by orders of the Pretura
     ( a ) Can an agreement conferring jurisdiction in                  Circondariale di Roma — Sezione Distaccate di Tivoli e di
           international trade or commerce in accordance
                                                                        Castelnuovo ( Rome District Magistrates' Court — Tivoli
           with the third hypothesis mentioned in the second            and Castelnuovo Divisions ) which were received at the
           sentence of the first paragraph of Article 17 of the         Court Registry on 3 , 6 , 10 April 1995 respectively, for a
           1978 version of the Brussels Convention also be
                                                                        preliminary ruling in criminal proceedings against Giuseppe
           concluded by one party's not contradicting a                 Salmaggi, Savatore Pasquire and Massimo Zappone on the
           commercial letter of confirmation containing a               following questions :
           pre-printed reference to the courts of the
           consignors ' place of business having sole                   1 . What is the legal effect of the Italian Republic 's failure to
           jurisdiction or must there have been in every case               bring into force the necessary measures to implement
           prior consensus with regard to the content of the                Council Directive 91/156/EEC ( l ), amending Directive
           letter of confirmation ?                                         75/442/EEC within the prescribed time limit ?
     ( b ) Is it sufficient in order for there to be an agreement       2 . In particular, may the existence of criminal penalties,
           conferring jurisdiction within the meaning of the                and in particular those provided for in Articles 10 and
           aforesaid provision if the invoices sent by one party            25 ( Case C-75/95 ) and Article 25 et seq. ( Case C-58/95 )
           all contain a reference to the courts of the carrier 's
                                                                            of Presidential Decree No 915 /82 for failure to observe
           place of business having sole jurisdiction and to the            the Italian rules, be considered to conflict with
           conditions of the bill of lading used by the carrier             Community legislation where it seeks to ensure uniform
           which also stipulate the courts of the same place as             treatment, from the point of view of penalties as well, for
           having jurisdiction, and the other party invariably              operators in the Single Market.
           paid the invoices without objecting, or is prior
           consensus also required in this respect ?                    (') OJ No L 78 , 26 . 3 . 1991 , p . 32 .
Reference for a preliminary ruling from the Polimeles
Protodikio, Athens , by judgment of that court of 29 March              Reference for a preliminary ruling by the Conseil Arbitral
          1990 in the case of Astir AE v. Greek State
                                                                        des Assurances Sociales by decision of that court of 5 April
                          ( Case C-109/95 )                             1995 in the case of Nicolas Decker v. Caisse de Maladie des
                            ( 95/C 137/29 )                                                      Employés Privés
                                                                                                 ( Case C-120/95 )
Reference has been made to the Court of Justice of the                                             ( 95/C 137/31 )
European Communities by a judgment of the Polimeles
Protodikio ( Court of First Instance , several judges ), Athens,
                                                                        Reference has been made to the Court of Justice of the
of 29 March 1990, which was received at the Court Registry
                                                                        European Communities by a decision of the Conseil Arbitral
on 3 April 1995 , for a preliminary ruling in the case of Astir
                                                                        des Assurances Sociales ( Arbitral Council of Social
AE v. Greek State pending before it on the following
                                                                        Insurance ) of 5 April 1995 , which was received at the Court
question :
                                                                        Registry on 7 April 1995 , for a preliminary ruling in the case
On a proper construction of Article 10 ( 4 ) of Commission              of Nicolas Decker v. Caisse de Maladie des Employes Prives
Regulation ( EEC ) No 2730/79 , in conjunction with the                 ( Health Insurance Fund for Employees in the Private Sector )
provisions of Articles 20 and 21 thereof, is an exporter of an          on the following question :
agricultural product, in this case wheat flour, entitled to a
refund when the exported product after leaving the                      Is Article 60 of the Luxembourg Social Insurance Code,
geographical territory of the Community has perished in                 under which a social security institution of Member State A
transit as a result of force majeure and where for that                refuses to refund to an insured person, who is a national of
product the same amount of refund was fixed for all                    Member State A, the cost of spectacles with corrective
non-member countries except the Soviet Union for which as               lenses, prescribed by a doctor established in Member State A
regards the product mentioned above no amount of refund                 but purchased from an optician established in Member State
was fixed ?                                                             B, on the ground that all medical treatment outside Member
                                                                        State A must be authorized in advance by the above social
                                                                        security institution, compatible with Articles 30 and 36 of