CELEX: C1999/246/07
Language: en
Date: 1999-08-28 00:00:00
Title: Judgment of the Court of 29 June 1999 in Case C-206/97 Kingdom of Sweden v Council of the European Union (Accession of the Kingdom of Sweden - Fisheries - Determination of total allowable catches of certain fish - Cod)

C 246/4                 EN                       Official Journal of the European Communities                                          28.8.1999
                 JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                          (Fifth Chamber)                                                             of 29 June 1999
                          of 22 June 1999
                                                                            in Case C-206/97 Kingdom of Sweden v Council of the
                                                                                                    European Union (1)
in Case C-412/97 (reference for a preliminary ruling from
the Pretura Circondariate di Bologna): ED Srl v Italo
                            Fenocchio (1)                                   (Accession of the Kingdom of Sweden — Fisheries —
                                                                            Determination of total allowable catches of certain fish —
                                                                                                            Cod)
(Free movement of goods — Freedom to provide services —
Free movement of payments —National provision pro-
hibiting the issue of a summary payment order to be served                                            (1999/C 246/07)
          outside national territory — Compatibility)
                          (1999/C 246/06)
                                                                                               (Language of the case: Swedish)
                    (Language of the case: Italian)
                                                                            (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                           In Case C-206/97: Kingdom of Sweden (Agent: Lotty Nordling)
                                                                            v Council of the European Union (Agents Rüdiger Bandilla,
                                                                            Eva Karlsson and Lauri Railas), supported by the Commission
In Case C-412/97: Reference to the Court under Article 234                  of the European Communities (Agents: Christina Tufvesson
EC (ex Article 177) by the Pretura Circondariale di Bologna                 and Thomas van Rijn) — application for the annulment of
(District Magistrates’ Court, Bologna), Italy, for a preliminary            Council Regulation (EC) No 390/97 of 20 December 1996
ruling in the proceedings pending before that court between                 fixing, for certain fish stocks and groups of fish stocks, the
ED Srl and Italo Fenocchio on the interpretation of Articles 34             total allowable catches for 1997 and certain conditions under
and 59 of the EC Treaty (now, after amendment, Articles 29                  which they may be fished (OJ 1997 L 66, p. 1) as regards the
EC and 49 EC) and Article 56 EC (ex Article 73b), for the                   allocation of cod in Zone III b, c and d — the Court,
purpose of determining the compatibility with those pro-                    composed of G.C. Rodrı́guez Iglesias, President, P.J.G. Kapteyn
visions of a national rule prohibiting the issue of a summary               (Rapporteur), J.-P. Puissochet, G. Hirsch and P. Jann (Presidents
payment order to be served outside national territory — the                 of Chambers), J.C. Moitinho de Almeida, C. Gulmann, J.L. Mur-
Court (Fifth Chamber) composed of: J.-P. Puissochet, President              ray, D.A.O. Edward, H. Ragnemalm and L. Sevón, Judges;
of the Chamber, P. Jann (Rapporteur), D.A.O. Edward, L. Sevón              P. Léger, Advocate General; H. von Holstein, Deputy Registrar,
and M. Wathelet, Judges; G. Cosmas, Advocate General;                       for the Registrar, has given a judgment on 29 June 1999, in
L. Hewlett, Administrator, for the Registrar, has given a                   which it:
judgment on 22 June 1999, in which it has ruled:
1. Article 34 of the EC Treaty (now, after amendment, Article 29            1. Dismisses the application;
    EC) does not preclude national legislation which excludes recourse
    to the procedure for obtaining summary payment orders where
    service on the debtor is to be effected in another Member State of      2. Orders the Kingdom of Sweden to pay the costs;
    the Community.
                                                                            3. Orders the Commission of the European Communities to bear its
2. A national procedural provision, such as that in question in the              own costs.
    main proceedings, does not constitute a restriction on the freedom
    to make payments.
                                                                            (1) OJ C 212 of 12.7.1997.
(1) OJ C 41 of 7.2.1998.