CELEX: C1995/087/06
Language: en
Date: 1995-04-08 00:00:00
Title: JUDGMENT OF THE COURT of 7 March 1995 in Case C-68/93 (reference for a preliminary ruling from the House of Lords): Fiona Shevill, Ixora Trading Inc., Chequepoint SARL, Chequepoint International Ltd v. Presse Alliance SA (Brussels Convention - Article 5 (3) - Place where the harmful event occurred - Libel by a newspaper article)

8 . 4 . 95             EN                Official Journal of the European Communities                                  No C 87/3
de Almeida and J.L. Murray, Judges; G. Tesauro,                      products of plant origin, including fruit and vegetables (2) —
Advocate-General; D. Louterman-Hubeau, Principal                     the Court, composed of P.J.G. Kapteyn, President of the
Administrator, for the Registrar, gave a judgment on                 Chamber, C.N. Kakouris (Rapporteur) and J.L. Murray,
23 February 1995 , in which it rules:                                Judge; Advocate-General; C.O. Lenz, Registrar, R. Grass,
                                                                     gave a judgment on 23 February 1995 , whose operative part
                                                                     is as follows :
1 . rules which make the export of coins, banknotes or
      bearer cheques conditional upon a prior declaration or
      an    administrative   authorization   and      make      that Council Directive 90/642/EEC of 27 November 1990 on
      requirement subject to criminal penalties do not fall          the fixing ofmaximum levels for pesticide residues in and on
      within the scope of Articles 30 and 59 of the Treaty;          certain products of plant origin, including fruit and
                                                                     vegetables, does not preclude national legislation from
                                                                     setting maximum permissible levels for residues of
2. Articles 1 and 4 of Council Directive 88/361 /EEC of
                                                                     chlorpropham and propham on potatoes and providing for
      24 June 1 988 for the implementation ofArticle 67 ofthe        procedures for checking compliance with those levels,
      Treaty preclude the export ofcoins, banknotes or bearer        subject to the provisions of Articles 30 and 36 of the EC
      cheques being made conditional on prior authorization          Treaty.
      but do not by contrast preclude a transaction of that
      nature being made conditional on a prior declaration;
                                                                     ( x ) OJ No C 103 , 11 . 4 . 1994 .
                                                                     (2 ) OJ No L 350, 14 . 12 . 1990, p . 71 .
3 . Article 1 in conjunction with Article 4 of Directive
      88/361 /EEC may be relied on before national courts and
      render inapplicable national rules which conflict with
      those provisions.
(!) OJ No C 235 , 31 . 8 . 1993 . OJ No C 298 , 4 . 11 . 1993 .
(2 ) OJ No L 178 , 8 . 7. 1988 , p . 5 .
                                                                                   JUDGMENT OF THE COURT
                                                                                              of 7 March 1995
                                                                     in Case C-68/93 (reference for a preliminary ruling from the
                                                                     House of Lords ): Fiona Shevill, Ixora Trading Inc.,
                                                                     Chequepoint SARL, Chequepoint International Ltd v.
                                                                                           Presse Alliance SA (*)
                JUDGMENT OF THE COURT
                                                                     (Brussels Convention — Article 5 (3) — Place where the
                        (Fourth Chamber)
                                                                       harmful event occurred — Libel by a newspaper article)
                      of 23 February 1995                                                         ( 95/C 87/06 )
in Joined Cases C-54/94 and C-74/94 (reference for a
preliminary ruling from the Pretura Circondariale,
Macerata: criminal proceedings against Ulderico                                      (Language of the case: English)
              Cacchiarelli and Gino Stanghellini i 1 )
(Council Directives 76/895/EEC and 90/642/EEC —
                                                                     In Case C-68/93 : reference to the Court under the Protocol
Maximum permissible levels ofpesticide residues on or in
                             potatoes)                               of 3 June 1971 on the interpretation by the Court of Justice
                                                                     of the Convention of 27 September 1968 on Jurisdiction
                            95/C 87/05 )                             and the Enforcement of Judgments in Civil and Commercial
                                                                     Matters by the House of Lords for a preliminary ruling in
                 (Language of the case: Italian)                     the proceedings pending before that court between Fiona
                                                                     Shevill, Ixora Trading Inc ., Chequepoint SARL,
                                                                     Chequepoint International Ltd and Presse Alliance SA — on
(Provisional translation; the definitive translation will be         the interpretation of Article 5 ( 3 ) of the abovementioned
           published in the European Court Reports)                  Convention of 27 September 1968 (2 ) as amended by the
                                                                     Convention of 9 October 1978 on the accession of the
                                                                     Kingdom of Denmark, Ireland and the United Kingdom of
In Joined Cases C-54/94 and C-74/94: references to the               Great Britain and Northern Ireland (3 ) and by the
Court under Article 177 of the EEC Treaty by the                     Convention of 25 October 1982 on the accession of the
investigating judge of the Pretura Circondariale (District           Hellenic Republic (4) — the Court, composed of G.C.
Magistrate's Court), Macerata, Italy, for a preliminary              Rodriguez Iglesias, President, F.A. Schockweiler
ruling in the criminal proceedings before that court against         ( Rapporteur), P.J.G. Kapteyn and C. Gulmann (Presidents
Gino Stanghellini ( Case C-54/94 ) and Ulderico Cacchiarelli         of Chambers ), G.F. Mancini, C.N. Kakouris, J.C. Moitinho
( Case C-74/94 ) on the interpretation of Council Directive          de Almeida, J.L. Murray, D.A.O. Edward, J.-P. Puissochet
90/642/EEC of 27 November 1990 on the fixing of                      and G. Hirsch, Judges; M. Darmon, subsequently P. Leger,
maximum levels for pesticide residues in and on certain              Advocate-General; L. Hewlett, Administrator, for the
 ---pagebreak--- No C 87/4            [ EN                   Official Journal of the European Communities                                          8 . 4 . 95
Registrar, gave a judgment on 7 March 1995, the operative                   security schemes to employed persons, to self-employed
part of which is as follows :                                               persons and to members of their families moving within
                                                                            the Community 0, as amended and updated by Council
                                                                            Regulation (EEC ) No 2001/83 of 2 June 1983 (2), to be
 1 . on a proper construction of the expression 'place where                interpreted as also applying to benefits granted by a
     the harmful event occurred' in Article 5 (3) of the                    Member State in the form of a national subsidy upon
      Convention of 27 September 1968 on Jurisdiction and
                                                                            application and without legal entitlement (in this case in
     the Enforcement ofJudgments in Civil and Commercial                    accordance with the guidelines on the granting of
     Matters, as amended by the Convention of 9 October
                                                                            adaptation allowance to employees in the coal mining
      1978 on the accession of the Kingdom of Denmark,                      Industry) to older employees in the coal mining industry
     Ireland and the United Kingdom of Great Britain and                    laid off as a result of closure or rationalization
     Northern Ireland and by the Convention of25 October                    measures ?
     1982 on the accession of the Hellenic Republic, the
     victim of a libel by a newspaper article distributed in
     several Contracting States may bring an action for                2. If the answer is in the affirmative: Does Article 4 ( 1 ) (c )
     damages against the publisher either before the courts of              of Regulation (EEC) No 1408/71 require the national
     the Contracting State of the place where the publisher of              subsidy granted by the Member State to be assessed in
     the defamatory publication is established, which have                  accordance with Article 46 of Regulation (EEC )
     jurisdiction to award damages for all the harm caused by               No 1408/71 , having regard to Article 46 ( 2 ) ( b ) in
     the defamation, or before the courts ofeach Contracting                particular ?
     State in which the publication was distributed and
     where the victim claims to have suffered injury to his
     reputation, which have jurisdiction to rule solely in             3 . If the national subsidy granted by the Member State is to
     respect of the harm caused in the State of the court                   be assessed in accordance with Article 46 of Regulation
     seised;                                                                (EEC) No 1408/71 :
2 . the criteria for assessing whether the event in question is             Does the first sentence of Article 12 (2 ) of Regulation
     harmful and the evidence required of the existence and                 (EEC ) No 1408/71 permit a pension, within the
     extent of the harm alleged by the victim of the                        meaning of Article 1 (t) of Regulation (EEC)
     defamation are not governed by the Convention but by                   No 1408/71 , paid by another Member State (in this case
     the substantive law determined by the national conflict                the Netherlands WAO pension) to be deducted, or does
     of laws rules of the court seised, provided that the                   the second sentence of Article 12 (2 ) of Regulation
     effectiveness of the Convention is not thereby                         (EEC) No 1408/71 preclude such deduction ?
     impaired.
                                                                       4. If a deduction in accordance with the first sentence of
0 ) OJ No C 117, 28 . 4. 1993 .                                             Article 12 (2 ) of Regulation (EEC ) No 1408/71 is
(2 ) OJ No L 299 , 31 . 12 . 1972 .                                         permissible:
(3 ) OJ No L 304, 30. 10. 1978 , p. 1 — amended text — p. 77.
(4 ) OJ No L 388 , 31 . 12 . 1982 , p . 1 .                                 Is such deduction limited by Article 7 ( 1 ) ( b ) of Council
                                                                            Regulation (EEC) No 574/72 of 21 March 1972 (3)
                                                                            laying down the procedure for implementing Regulation
                                                                            ( EEC ) No 1408/71 , as amended and updated by Council
                                                                            Regulation (EEC ) No 2001/83 of 2 June 1983 ?
Reference for a preliminary ruling from the Hessischer                 (M OJ No L 149, 5 . 7. 1971 , p. 2.
Verwaltungsgerichtshof by order of that court of 12 January            (2) OJ No L 230, 22 . 8 . 1983 , p. 6.
1995 in the case of Siegfried Otte v. Federal Republic of              (3 ) OJ No L 74, 27. 3 . 1972, p. 1 .
                              Germany
                          Case C-25/95
                             95/C 87/07
Reference has been made to the Court of Justice of the
European Communities by an order of the Hessischer                    Reference for a preliminary ruling from the Rechtbank van
Verwaltungsgerichtshof ( Higher Administrative Court                  Eerste Aanleg te Antwerpen, by judgment of that court of
Hessen) of 12 January 1995, which was received at the                 31 January 1995 in the case of ( 1 ) E. Pastoors and (2 )
Court Registry on 2 February 1995 , for a preliminary ruling                         Trans-Cap GmbH v. Belgian State
in the case of Siegfried Otte v. Federal Republic of Germany
                                                                                                (Case C-29/95 )
on the following questions:
                                                                                                 ( 95/C 87/08
1 . Are paragraphs ( 1 ) and (2 ) of Article 4, and in particular
     Article 4 ( 1 ) (c) of Council Regulation ( EEC)                 Reference has been made to the Court of Justice of the
     No 1408/71 of 14 June 1971 on the application of social          European Communities by judgment of the Rechtbank van