CELEX: C2000/006/11
Language: en
Date: 2000-01-08 00:00:00
Title: Judgment of the Court of 5 October 1999 in Case C-420/97 (reference for a preliminary ruling from the Hof van Cassatie): Leathertex Divisione Sintetici SpA v Bodetex BVBA (Brussels Convention — Interpretation of Articles 2 and 5(1) — Commercial agency agreement — Action founded on separate obligations arising from the same contract and regarded as equal in rank — Jurisdiction of the court seised to hear the whole action)

C 6/6                   EN                      Official Journal of the European Communities                                             8.1.2000
European Communities, employed in the European Institute                   Divisione Sintetici SpA and Bodetex BVBA on the interpret-
for Transuranic Elements, Karlsruhe (Germany), represented                 ation of Articles 2 and 5(1) of the abovementioned Convention
by J.-N. Louis, T. Demaseure and A. Tornel, of the Brussels Bar,           of 27 September 1968 (OJ 1978 L 304, p. 36), as amended by
with an address for service in Luxembourg at the offices of                the Convention of 9 October 1978 on the Accession of the
Fiduciaire Myson SARL, 30, Rue de Cessange — appeal against                Kingdom of Denmark, Ireland and the United Kingdom of
the judgment of the Court of First Instance of the European                Great Britain and Northern Ireland (OJ 1978 L 304, p. 1 and
Communities (Third Chamber) of 10 July 1997 in Case                        — amended text — p. 77) — the Court composed of:
T-81/96 Apostolidis and Others v Commission [1997] ECR-                    G.C. Rodrı́guez Iglesias, President, P.J.G. Kapteyn, J.-P. Puisso-
SC I-A-207 and II-607, seeking to have that judgment set                   chet, G. Hirsch and P. Jann (Presidents of Chambers), J.C. Moit-
aside, the other party to the proceedings being Commission of              inho de Almeida (Rapporteur), D.A.O. Edward, H. Ragnemalm
the European Communities (Agents: G. Valsesia and J. Currall),             and L. Sevón, M. Wathelet and R. Schintgen, Judges; P. Léger,
supported by the Council of the European Union (Agents:                    Advocate General; H. von Holstein, Deputy Registrar, has
M. Bishop and D. Canga Fano) — the Court (Sixth Chamber),                  given a judgment on 5 October 1999, in which it has ruled:
composed of: P.J.G. Kapteyn, President of the Chamber,
G. Hirsch, J.L. Murray (Rapporteur), H. Ragnemalm and                      On a proper construction of Article 5(1) of the Convention of
R. Schintgen, Judges; J. Mischo, Advocate General; H. von                  27 September 1968 on Jurisdiction and the Enforcement of Judg-
Holstein, Deputy Registrar, for the Registrar, has given a                 ments in Civil and Commercial Matters, as amended by the
judgment on 5 October 1999, in which it:                                   Convention of 9 October 1978 on the Accession of the Kingdom of
                                                                           Denmark, Ireland and the United Kingdom of Great Britain and
1. Dismisses the appeal in its entirety;                                   Northern Ireland, the same court does not have jurisdiction to hear
                                                                           the whole of an action founded on two obligations of equal rank
2. Orders the applicants, the Commission of the European Com-              arising from the same contract when, according to the conflict rules
    munities and the Council of the European Union to bear their           of the State where that court is situated, one of those obligations is to
    own costs.                                                             be performed in that State and the other in another Contracting
                                                                           State.
(1) OJ No C 357 of 22.11.1997.
                                                                           (1) OJ C 41 of 7.2.1998.
                 JUDGMENT OF THE COURT
                                                                                            JUDGMENT OF THE COURT
                        of 5 October 1999
                                                                                                    (Sixth Chamber)
in Case C-420/97 (reference for a preliminary ruling from                                          of 5 October 1999
the Hof van Cassatie): Leathertex Divisione Sintetici SpA
                        v Bodetex BVBA (1)
                                                                           in Case C-433/97 P: IPK-München GmbH v Commission
                                                                                          of the European Communities (1)
(Brussels Convention — Interpretation of Articles 2 and
5(1) — Commercial agency agreement — Action founded on
                                                                           (Appeal — Annulment of a decision of the Commission to
separate obligations arising from the same contract and
                                                                                  refuse to pay the balance of financial assistance)
regarded as equal in rank — Jurisdiction of the court seised
                     to hear the whole action)
                                                                                                      (2000/C 6/12)
                           (2000/C 6/11)
                                                                                              (Language of the case: German)
                    (Language of the case: Dutch)
                                                                           (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                          In Case C-433/97 P: IPK-München GmbH, established in
                                                                           Munich (Germany), represented by H.-J. Priess, of the Brussels
In Case C-420/97: Reference to the Court under the Protocol                Bar, 13 Place des Barricades, B-1000 Brussels — appeal against
of 3 June 1971 on the interpretation by the Court of Justice of            the judgment of the Court of First Instance of the European
the Convention of 27 September 1968 on Jurisdiction and the                Communities (First Chamber) of 15 October 1997 in Case
Enforcement of Judgments in Civil and Commercial Matters                   T-331/94 IPK v Commission [1997] ECR 11-1665, seeking to
by the Hof van Cassatie, Belgium, for a preliminary ruling in              have that judgment set aside, the other party to the proceedings
the proceedings pending before that court between Leathertex               being Commission of the European Communities (Agent: