CELEX: C1997/094/27
Language: en
Date: 1997-03-22 00:00:00
Title: Reference for a preliminary ruling by the Cour de Cassation, Paris, by judgment of that court of 28 January 1997 in the case of La Réunion Européenne and Others v. Spliethoff's Bevrachtingskantoor and Others (Case C-51/97)

22 . 3 . 97               EN                    Official Journal of the European Communities                                     No C 94/13
       ( a ) each group is picked up at one point of departure             2 . Is the answer to Question 1 affected by the finding
             and set down at one point of destination                            that Geas itself chose, at the time, to carry out that
             ( including, on occasions, a visit to a tourist                     maintenance using a geyser team specially set up for
             attraction as part of that journey);                                that purpose ?
       ( b ) the same or similar journey is repeated on a                  3 . Is the answer to Question 1 affected by the finding
             number of occasions pursuant to a block                             that the fitters in Geas' geyser team also carried out
             reservation made by a tour operator;                                work on other appliances apart from those belonging
                                                                                 to Gavema, occupying in the fitters' estimation 25 %
       (c ) the precise route to be taken is not predetermined;                   of their working time and in that of Gavema 40 % ?
       is a 'special regular service' within the meaning of that           4 . Is the answer to Question 1 affected by the finding
       Article ?                                                                  that maintenance works on bathroom geysers
                                                                                  belonging to Gavema were also carried out by central
3 . If the answer to Question 2 is yes, is Article 4 ( 3 ) of                     heating fitters employed by Geas ?
       Council Regulation ( EEC ) No 3820/85 (2 ) to be
       construed so that the distance of 'the route covered by             ( 1 ) OJ No L 61 , 5 . 3 . 1977, p . 26 .
       the service in question' is to be calculated by reference
       to :
       ( a ) each component part of the driver's journey during
             the day;
                                                                           Reference for a preliminary ruling by the Cour de
       ( b ) the aggregate of such component parts.                        Cassation, Paris, by judgment of that court of 28 January
                                                                           1997 in the case of La Reunion Europeenne and Others v.
4. If the answer to Question 2 is no, is Article 2 ( 3 ) of                             Spliethoff's Bevrachtingskantoor and Others
       Council Regulation (EEC) No 684/92 to be construed                                               ( Case C-51/97)
       so that the carriage of such passengers in such                                                    ( 97/C 94/27)
       circumstances is an ' occasional service ' within the
       meaning of that Article ?
                                                                           Reference has been made to the Court of Justice of the
(') Council Regulation (EEC) No 684/92 of 16 March 1992 on                 European Communities by a judgment of the Cour de Cas­
      common rules for the international carriage of passengers by         sation ( Court of Cassation ), Paris, of 28 January 1997,
      coach and bus ( OJ No L 74, 20 . 3 . 1992 , p. 1 ).                  which was received at the Court Registry on 7 February
( 2 ) Council Regulation ( EEC ) No 3820/85 of 20 December 1985            1997, for a preliminary ruling in the case of La Reunion
      on the harmonization of certain social legislation relating to       Europeenne and Others v. Spliethoff's Bevrachtingskantoor
      road transport ( OJ No L 370, 31 . 12 . 1985 , p. 1 ).               and Others, on the following questions :
                                                                           1 . ( a ) Is an action by which the consignee of goods
                                                                                        found to be damaged on completion of a transport
                                                                                        operation by sea and then by land, or by which its
                                                                                        insurer who has been subrogated to its rights after
Reference for a preliminary ruling from the                                             compensating it, seeks redress for the damage
Arrondissementsrechtbank te Almelo, by judgment of that                                 suffered, relying on the bill of lading covering the
court of 5 February 1997 in the case of Jan Blauw and                                   maritime transport, not against the person who
                         Others v. Gavema BY                                            issued that document on his headed paper but
                            ( Case C-50/97)                                             against the person whom the plaintiff considered
                                                                                        to be the actual maritime carrier, based on the
                              ( 97/C 94/26 )                                            contract of transport and does it, for that or any
                                                                                        other reason, fall within the scope of matters
Reference has been made to the Court of Justice                                         relating to contract within the meaning of Article 5
of the European Communities by judgment of the                                          ( 1 ) of the Convention ?
Arrondissementsrechtbank te Almelo ( District Court,
                                                                                  ( b ) If the foregoing question is answered in the
Almelo) of 5 February 1997, which was received at the                                   negative, is the matter one relating to tort, delict
Court Registry on 7 February 1997, for a preliminary                                    or quasi-delict within the meaning of Article 5 ( 3 )
ruling in the case of Jan Blauw and Others v. Gavema BV                                 of the Convention or is it appropriate to have
on the following questions:                                                             recourse to the principle laid down in Article 2 of
                                                                                        the Convention that the courts of the State in
1 . In the light of the finding that Gavema has terminated                              whose territory the defendant is domiciled have
       the maintenance contract with Geas in respect of the                             jurisdiction ?
       geysers leased out by it, and has itself taken over the
       maintenance work relating to those geysers, can that                       (c ) In the event that the matter is to be regarded as
       be said, in principle, to constitute a transfer of part of                       one relating to tort, delict or quasi-delict, may the
       an undertaking within the meaning of Directive 77/                               place where the consignee, after completion of the
        187/EEC ( M ?                                                                   maritime transport operation and then the final
 ---pagebreak--- No C 94/14              EN                 Official Journal of the European Communities                               22 . 3 . 97
         overland transport operation, merely discovered              removal from the register of Case C-2 11/96 : Commission
         that the goods delivered to him were damaged,                of the European Communities y. Hellenic Republic.
         constitute — and if so under what conditions —
         the place of occurrence of the damage which,                 (<) OJ No C 269, 14. 9 . 1996 .
         according to the judgment of the Court of Justice
         of 30 November 1976 in Case 21 /76 Bier v. Mines
         de Potasse d'Alsace [ 1976] ECR, p. 1735 , may be
         the place ' of the event giving rise to the damage'
         within the meaning of Article 5 ( 3 ) of the
         Convention ?                                                       Removal from the register of Case C-226/96 (')
                                                                                                  ( 97/C 94/31 )
2 . May a defendant domiciled in the territory of a
     Contracting State be brought, in another Contracting             By order of 4 December 1996 the President of the Court
     State, before the court hearing an action against a co­          of Justice of the European Communities has ordered the
     defendant not domiciled in the territory of any                  removal from the register of Case C-226/96 : Commission
     Contracting State, on the ground that the dispute is             of the European Communities v. Hellenic Republic .
     indivisible, rather than merely displaying a
    connection ?                                                      O OJ No C 269, 14 . 9 . 1996 .
       Removal from the register of Case C-94/96 (')                        Removal from the register of Case C-227/96 (')
                            ( 97/C 94/28 )                                                        ( 97/C 94/32 )
                                                                      By order of 3 December 1996 the President of the Court
By order of 5 December 1996 the President of the Court                of Justice of the European Communities has ordered the
of Justice of the European Communities has ordered the                removal from the register of Case C-227/96 : Commission
removal from the register of Case C-94/96 : Commission of             of the European Communities v. Hellenic Republic .
the European Communities v. Hellenic Republic.
                                                                      n OJ No C 269 , 14 . 9 . 1996 .
(') OJ No C 158 , 1 . 6 . 1996 .
                                                                            Removal from the register of Case C-241/96 ( ')
Removal from the register of Joined Cases C- 109/96,                                              ( 97/C 94/33 )
            C-110/96, C-lll/96 and C-112/96 (')
                              97/C 94/29 )                            By order of 6 December 1996 the President of the Court
                                                                      of Justice of the European Communities has ordered the
By order of 10 December 1996 the President of the Court               removal from the register of Case C-241 /96 : Commission
of Justice of the European Communities has ordered the                of the European Communities v. Hellenic Republic.
removal from the register of Joined Cases C-109, C-110,
C-lll and C-112/96 : Commission of the European                       (') OJ No C 269, 14 . 9 . 1996 .
Communities v. Hellenic Republic.
H OJ No C 158 , 1 . 6 . 1996 .
                                                                            Removal from the register of Case C-244/96 (')
                                                                                                  ( 97/C 94/34 )
       Removal from the register of Case C-2 11/96 (')                By order of 13 December 1996 the President of the Court
                                                                      of Justice of the European Communities has ordered the
                            ( 97/C 94/30)                             removal from the register of Case C-244/96 : Commission
                                                                      of the European Communities v. Kingdom of Belgium.
By order of 5 December 1996 the President of the Court
of Justice of the European Communities has ordered the                (') OJ No C 269 , 14 . 9 . 1996 .