CELEX: C1999/204/19
Language: en
Date: 1999-07-17 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 29 April 1999 in Case C-267/97 (reference for a preliminary ruling from the Cour Supérieure de Justice [Luxembourg]): Éric Coursier v Fortis Bank SA, Martine Coursier, née Bellami (Brussels Convention - Enforcement of decisions - Article 31 - Enforceability of a decision - Collective proceedings for the discharge of debts)

C 204/10                EN                      Official Journal of the European Communities                                           17.7.1999
                 JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                        (Second Chamber)                                                             (Fifth Chamber)
                         of 29 April 1999
                                                                                                    of 29 April 1999
in Case C-224/97 (reference for a preliminary ruling
from the Verwaltungsgerichtshof): Erich Ciola v Land                       in Case C-267/97 (reference for a preliminary ruling
                            Vorarlberg(1)                                  from the Cour Supérieure de Justice [Luxembourg]):
                                                                           Éric Coursier v Fortis Bank SA, Martine Coursier, née
                                                                                                         Bellami (1)
(Free movement of services — Restriction — Moorings —
Restriction for boat-owners resident in another Member
                                State)                                     (Brussels Convention — Enforcement of decisions — Article
                                                                           31 — Enforceability of a decision — Collective proceedings
                                                                                               for the discharge of debts)
                          (1999/C 204/18)
                                                                                                     (1999/C 204/19)
                   (Language of the case: German)
                                                                                               (Language of the case: French)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)
                                                                           In Case C-267/97: reference to the Court under the Protocol
                                                                           of 3 June 1971 on the interpretation by the Court of Justice of
In Case C-224/97, Reference to the Court under Article 177                 the Convention of 27 September 1968 on Jurisdiction and the
of the EC Treaty by the Verwaltungsgerichtshof, Austria, for a             Enforcement of Judgments in Civil and Commercial Matters by
preliminary ruling in the proceedings pending before that                  the Cour Supérieure de Justice (Luxembourg) for a preliminary
court between Erich Ciola and Land Vorarlberg — on the                     ruling in the proceedings pending before that court between
interpretation of Articles 59 to 65 in conjunction with Article            Éric Coursier and Fortis Bank SA, Martine Coursier, née Bellami
5 of the EC Treaty and Article 2 of the Act concerning the                 — on the interpretation of the first paragraph of Article 31 of
conditions of accession of the Republic of Austria, the Republic           the abovementioned Convention of 27 September 1968 (OJ
of Finland and the Kingdom of Sweden and the adjustments to                1975 L 204, p. 28), as amended by the Convention of 9
the Treaties on which the European Union is founded (OJ                    October 1978 on the Accession of the Kingdom of Denmark,
1994 C 241, p. 21, and OJ 1995 L 1, p. 1) — the Court                      Ireland and the United Kingdom of Great Britain and Northern
(Second Chamber), composed of: G. Hirsch (Rapporteur),                     Ireland (OJ 1978 L 304, p. 1), by the Convention of 25
President of the Chamber, R. Schintgen and K.M. Ioannou,                   October 1982 on the Accession of the Hellenic Republic (OJ
Judges; Advocate General; J. Mischo; H.A. Rühl, Principal                  1982 L 388, p. 1) and by the Convention of 26 May 1989 on
Administrator, for the Registrar, has given a judgment on                  the Accession of the Kingdom of Spain and the Portuguese
29 April 1999, in which it held that:                                      Republic (OJ 1989 L 285, p. 1) — the Court (Fifth Chamber),
                                                                           composed of J.-P. Puissochet, President of the Chamber,
1. Article 59 of the EC Treaty must be interpreted as precluding a         P. Jann, J.C. Moitinho de Almeida, C. Gulmann and D.A.O. Ed-
    Member State from prohibiting the manager of a boat harbour,           ward (Rapporteur), Judges; A. La Pergola, Advocate General;
    on pain of prosecution, from renting moorings in excess of a           D. Louterman-Hubeau, Principal Administrator, for the Regis-
    specified quota to boat-owners who are resident in other Member        trar, has given a judgment on 29 April 1999, in which it has
    States.                                                                ruled:
2. A prohibition which is contrary to the freedom to provide services,
    laid down before the accession of a Member State to the European       The term ‘enforceable’ in the first paragraph of Article 31 of the
    Union not by a general abstract rule but by a specific                 Convention of 27 September 1968 on Jurisdiction and the Enforce-
    individual administrative decision that has become final, must be      ment of Judgments in Civil and Commercial Matters, as amended by
    disregarded when assessing the validity of a fine imposed for          the Convention of 9 October 1978 on the Accession of the Kingdom
    failure to comply with that prohibition after the date of accession.   of Denmark, Ireland and the United Kingdom of Great Britain and
                                                                           Northern Ireland, by the Convention of 25 October 1982 on the
                                                                           Accession of the Hellenic Republic and by the Convention of 26 May
                                                                           1989 on the Accession of the Kingdom of Spain and the Portuguese
(1) OJ C 228 of 26.7.1997.                                                 Republic, is to be interpreted as referring solely to the enforceability,
                                                                           in formal terms, of foreign decisions and not to the circumstances in
                                                                           which such decisions may be executed in the State of origin. It is for
                                                                           the court of the State in which enforcement is sought, in appeal
                                                                           proceedings brought under Article 36 of the Brussels Convention, to
 ---pagebreak--- 17.7.1999                EN                      Official Journal of the European Communities                                           C 204/11
determine, in accordance with its domestic law including the rules of       2. Article 2(2) of Regulation No 3950/92 is to be understood as
private international law, the legal effects of a decision given in the          meaning that, whilst purchasers are entitled to deduct from the
State of origin in relation to a court-supervised liquidation.                   price of milk paid to a producer the amount owed by that
                                                                                 producer by way of additional levy, the provision does not impose
                                                                                 on them any obligation in that regard.
(1) OJ C 271 of 4.9.1997.
                                                                            (1) OJ C 295 of 27.9.1997.
                  JUDGMENT OF THE COURT
                         (Second Chamber)                                                    JUDGMENT OF THE COURT
                          of 29 April 1999                                                            (Fifth Chamber)
in Case C-288/97 (reference for a preliminary ruling
from the Pretura Circondariale di Bassano del Grappa):                                               of 29 April 1999
Consorzio fra i Caseifici dell’Altopiano di Asiago v
                         Regione Veneto (1)                                 in Case C-293/97 (reference for a preliminary ruling from
                                                                            the High Court of Justice): The Queen v Secretary of State
(Milk — Additional levy — Meaning of purchaser —                            for the Environment and Minister of Agriculture Fisheries
                       Producers’ cooperative)                              and Food ex parte H.A. Standley and Others and D.G.D.
                                                                                                   Metson and Others (1)
                           (1999/C 204/20)
                                                                            (Directive 91/676/EEC — Protection of waters against
                                                                            pollution caused by nitrates from agricultural sources —
                     (Language of the case: Italian)                        Identification of waters affected by pollution — Designation
                                                                            of vulnerable zones — Criteria — Validity in the light of the
                                                                            polluter pays principle, the principle that environmental
(Provisional translation; the definitive translation will be published      damage should as a priority be rectified at source, the
                    in the European Court Reports)                               principle of proportionality and the right to property)
In Case C-288/97: reference to the Court under Article 177 of                                         (1999/C 204/21)
the EC Treaty from the Pretura Circondariale di Bassano del
Grappa (District Magistrates’ Court, Bassano del Grappa), Italy,
for a preliminary ruling in the proceedings pending before that                                 (Language of the case: English)
court between Consorzio fra i Caseifici dell’Altopiano di
Asiago and Regione Veneto — on the interpretation of Articles
2 and 9 of Council Regulation (EEC) No 3950/92 of 28
December 1992 establishing an additional levy in the milk and
milk products sector (OJ 1992 L 405, p. 1) — the Court                      In Case C-293/97: reference to the Court under Article 177 of
(Second Chamber), composed of G. Hirsch (Rapporteur),                       the EC Treaty by the High Court of Justice of England and
President of the Chamber, G.F. Mancini and R. Schintgen,                    Wales, Queen’s Bench Division, for a preliminary ruling in the
Judges, A. La Pergola, Advocate General; R. Grass, Registrar,               proceedings pending before that court in The Queen v
has given a judgment on 29 April 1999, in which it has ruled:               Secretary of State for the Environment and Minister of
                                                                            Agriculture, Fisheries and Food ex parte H.A. Standley and
1. For the purposes of Articles 2(2) and 9(e) of Council Regulation         Others and D.G.D. Metson and Others, intervener: National
    (EEC) No 3950/92 of 28 December 1992 establishing an                    Farmers’ Union, on the interpretation and validity of Council
    additional levy in the milk and milk products sector, the term          Directive 91/676/EEC of 12 December 1991 concerning the
    purchaser is to be interpreted as including any intermediary            protection of waters against pollution caused by nitrates from
    undertaking which acquires milk from a producer under a                 agricultural sources (OJ 1991 L 375, p. 1) — the Court
    contract, irrespective of the manner in which the latter is paid,       (Fifth Chamber), composed of: P. Jann, President of the First
    for the purpose either of treating or processing the milk itself or     Chamber, acting for the President of the Fifth Chamber,
    of transferring it to another undertaking for treatment or              J.C. Moitinho de Almeida (Rapporteur), C. Gulmann,
    processing and which, in the event that the undertaking in              D.A.O. Edward and L. Sevón, Judges; P. Léger, Advocate Gen-
    question is a collection of cooperatives which are themselves           eral; L. Hewlett, Administrator, for the Registrar, has given a
    purchasers carries out on behalf of those cooperatives the              judgment on 29 April 1999, in which it held:
    administrative and accounting operations necessary for the
    payment of the levy, and in particular the operations referred to       1. Articles 2(j) and 3(1) of Council Directive 91/676/EEC of
    in Article 7 of Commission Regulation (EEC) No 536/93 of                     12 December 1991 concerning the protection of waters against
    9 March 1993 laying down detailed rules on the application of                pollution caused by nitrates from agricultural sources and Annex
    the additional levy on milk and milk products.                               I thereto must be interpreted as requiring the identification of