CELEX: C1995/268/05
Language: en
Date: 1995-10-14 00:00:00
Title: JUDGMENT OF THE COURT (Third Chamber) of 13 July 1995 in Case C-474/93 (reference for a preliminary ruling from the Arrondissementsrechtbank te Zwolle (Netherlands)): Hengst Import BV and Anna Maria Campese (Brussels Convention - Article 27 (2) - Concept of document instituting the proceedings or equivalent document)

14 . 10 . 95          EN                  Official Journal of the European Communities                                  No C 268/3
  separate judgment or decree. It does not apply to the                proceedings or . . . an equivalent document ' within the
  situation where a defendant raises, as a pure defence, a claim       meaning ofArticle 27 (2) ofthe Convention of2 7 September
  which he allegedly has against the plaintiff. The defences           1968 on Jurisdiction and the Enforcement ofJudgments in
  which may be raised and the conditions under which they              Civil and Commercial Matters, as amended by the
  may be raised are governed by national law.                          Convention of 9 October 1978 on the accession of the
                                                                       Kingdom of Denmark, Ireland and the United Kingdom of
                                                                       Great Britain and Northern Ireland.
. C ) OJ No C 231 , 27 . 8 . 1993 .
                                                                       (') OJ No C 43 , 12 . 2 . 1994 .
                JUDGMENT OF THE COURT
                         ( Third Chamber)
                           of 13 July 1995
  in Case C-474/93 (reference for a preliminary ruling from
  the Arrondissementsrechtbank te Zwolle (Netherlands )):                             JUDGMENT OF THE COURT
        Hengst Import BV and Anna Maria Campese (')                                           (Fourth Chamber )
  (Brussels Convention — Article 27 (2) — Concept of                                            of 13 July 1995
  document instituting the proceedings or equivalent                   in Case C-l 16/94 (reference for a preliminary ruling from
                               document)
                                                                       the Social Security Commissioner, London ): Jennifer
                            ( 95/C 268/05 )                                          Meyers v. Adjudication Officer ( ! )
                                                                       (Equal treatment for men and women — Directive
                                                                        76/207/EEC — Conditions governing access to
                  (Language of the case: Dutch)                           employment — Working conditions — Family credit)
                                                                                                 ( 95/C 268/06 )
  (Provisional translation; the definitive translation will be
            published in the European Court Reports)
                                                                                       (Language of the case: English)
  In Case C-474/93 : reference to the Court under the Protocol
  of 3 June 1971 on the interpretation by the Court of Justice         In Case C-l 16/94 : reference to the Court under Article 177
  of the Convention of 27 September 1968 on Jurisdiction               of the EC Treaty from the Social Security Commissioner,
  and the Enforcement of Judgments in Civil and Commercial             London, for a preliminary ruling in the proceedings pending
  Matters by the Arrondissementsrechtbank te Zwolle                    before that court between Jennifer Meyers and the
  ( Netherlands ) for a preliminary ruling in the proceedings          Adjudication Officer, on the interpretation of Council
  pending before that court between Hengst Import BV and               Directive 76/207/EEC of 9 February 1976 on the
  Anna Maria Campese on the interpretation of Article 27 ( 2 )         implementation of the principle of equal treatment for men
  of the abovementioned Convention of 27 September 1968                and women as regards access to employment, vocational
   ( OJ No L 304, p. 36 ) as amended by the Convention of              training and promotion, and working conditions ( OJ No
  9 October 1978 on the accession of the Kingdom of                    L 39 , p. 40 ) — the Court ( Fourth Chamber ), composed of:
  Denmark , Ireland and the United Kingdom of Great Britain            P. J. G. Kapteyn ( Rapporteur ), President of the Chamber,
  and Northern Ireland ( OJ No L 304, p. 1 and — amended                C. N. Kakouris and H. Ragnemalm, Judges; C. O. Lenz,
  text — p. 77) — the Court (Third Chamber), composed of:              Advocate-General; L. Hewlett, Administrator, for the
   C. Gulmann, President of the Chamber, J. C. Moitinho de             Registrar, has given a judgment on 13 July 1995 , in which it
  Almeida (Rapporteur) and D. A. O. Edward, Judges; F. G.               rules :
  Jacobs, Advocate-General; R. Grass, for the Registrar, has
  given a judgment on 13 July 1995, in which it rules:
                                                                        a benefit with the characteristics and purpose of family
   the decreto ingiuntivo within the meaning ofBook IV ofthe            credit is concerned with both access to employment and
   Italian Code of Civil Procedure (Articles 633 to 656),               working conditions and falls, therefore, within the scope of
   together with the application instituting the proceedings,           Council Directive 76/207/EEC of 9 February 1976 on the
   must be regarded as 'the document which instituted                   implementation of the principle of equal treatment for men