CELEX: 62009CA0291
Language: en
Date: 2011-04-07 00:00:00
Title: Case C-291/09: Judgment of the Court (First Chamber) of 7 April 2011 (reference for a preliminary ruling from the Rechtbank van koophandel te Brussel — Belgium) — Francesco Guarnieri & Cie v Vandevelde Eddy VOF (Free movement of goods — Article 34 TFEU — Cautio judicatum solvi — Company governed by Monegasque law — First paragraph of Article 18 TFEU)

28.5.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 160/7
            
         Judgment of the Court (First Chamber) of 7 April 2011 (reference for a preliminary ruling from the Rechtbank van koophandel te Brussel — Belgium) — Francesco Guarnieri & Cie v Vandevelde Eddy VOF
   (Case C-291/09) (1)
   
   (Free movement of goods - Article 34 TFEU - Cautio judicatum solvi - Company governed by Monegasque law - First paragraph of Article 18 TFEU)
   2011/C 160/04
   Language of the case: Dutch
   
      Referring court
   
   Rechtbank van koophandel te Brussel
   
      Parties to the main proceedings
   
   
      Applicant: Francesco Guarnieri & Cie
   
      Defendant: Vandevelde Eddy VOF
   
      Re:
   
   Reference for a preliminary ruling — Rechtbank van Koophandel te Brussel — Interpretation of Articles 28 EC, 29 EC and 30 EC — Whether security for costs and damages (cautio judicatum solvi) is an infringement of Community rules in relation to the free movement of goods
   
      Operative part of the judgment
   
   Article 34 TFEU must be interpreted as not precluding the legislation of a Member State from requiring the provision of security pending judgment, by a claimant of Monegasque nationality which has brought proceedings before one of the civil courts of that State against a national of that State in order to obtain payment of invoices relating to the delivery of goods assimilated to Community goods, although such a requirement is not imposed on nationals of that Member State.
   
      (1)  OJ C 267, 7.11.2009.