CELEX: C2006/131/40
Language: en
Date: 2006-06-03 00:00:00
Title: Case C-3/05: Judgment of the Court (Second Chamber) of  16 February 2006  (reference for a preliminary ruling from the Corte d'appello di Cagliari) — Gaetano Verdoliva v J.M. Van der Hoeven BV, Banco di Sardegna, San Paolo IMI SpA (Brussels Convention — Judgment authorising the enforcement of a judgment given in another Contracting State — Failure of, or defective, service — Notice — Time for appealing)

3.6.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 131/23
            
         Judgment of the Court (Second Chamber) of 16 February 2006 (reference for a preliminary ruling from the Corte d'appello di Cagliari) — Gaetano Verdoliva v J.M. Van der Hoeven BV, Banco di Sardegna, San Paolo IMI SpA
   (Case C-3/05) (1)
   
   (Brussels Convention - Judgment authorising the enforcement of a judgment given in another Contracting State - Failure of, or defective, service - Notice - Time for appealing)
   (2006/C 131/40)
   Language of the case: Italian
   Referring court
   Corte d'appello di Cagliari
   Parties to the main proceedings
   
      Applicant: Gaetano Verdoliva
   
      Defendants: J.M. Van der Hoeven BV, Banco di Sardegna, San Paolo IMI SpA
   
      Intervener: Pubblico Ministero
   Re:
   Reference for a preliminary ruling — Corte d'appello di Cagliari — Interpretation of Article 36 of the Brussels Convention — Enforcement of judgments — Defective service of a decision authorising enforcement — Meaning of ‘notice of procedural documents’
   Operative part of the judgment
   Article 36 of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters, 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, the Convention of 25 October 1982 on the accession of the Republic of Greece and the Convention of 26 May 1989 on the accession of the Kingdom of Spain and the Portuguese Republic, is to be interpreted as requiring due service of the decision authorising enforcement in accordance with the procedural rules of the Contracting State in which enforcement is sought, and therefore, in cases of failure of, or defective, service of the decision authorising enforcement, the mere fact that the party against whom enforcement is sought has notice of that decision is not sufficient to cause time to run for the purposes of the time-limit fixed in that article.
   
      (1)  OJ C 69, 19.03.2005.