CELEX: C1996/180/05
Language: en
Date: 1996-06-22 00:00:00
Title: JUDGMENT OF THE COURT of 12 March 1996 in Case C-441/93 (reference for a preliminary ruling from the Polymeles Protodikeio Athinon): Panagis Pafitis and Others v. Trapeza Kentrikis Ellados AE and Others (Company law - Directive 77/91/EEC - Alteration of capital of a bank constituted in the form of a public limited liability company - Direct effect of Articles 25 (1) and 29 (3) of the Directive - Abuse of rights)

22 . 6 . 96           EN                   Official Journal of the European Communities                                  No C 180/3
Directive itself against a lender who is a private person, on               which, for the protection of the interests of members
account of inadequacies in the supply ofgoods or provision                  and others, are required by Member States of companies
ofservices by the supplier or provider with whom the lender                 within the meaning of the second paragraph of
concluded an exclusive agreement with regard to the grant                   Article 58 of the Treaty, in respect of the formation of
of credit and assert that right before a national court.                    public limited liability companies and the maintenance
                                                                            and alteration of their capital, with a view to making
                                                                            such safeguards equivalent precludes national
(>) OJ No C 275 , 1 . 10 . 1994 .                                           legislation under which the capital ofa bank constituted
                                                                            in the form of a public limited liability company which,
                                                                            as a result of its debt burden, is in exceptional
                                                                            circumstances may be increased by an administrative
                                                                            measure, without a resolution of the general meeting.
                                                                      2 . Publication of an offer of subscription in daily
                                                                            newspapers does not constitute information given in
               JUDGMENT OF THE COURT                                        writing to the holders of registered shares within the
                      of 12 March 1996                                      meaning of third sentence of Article 29 (3) of Directive
                                                                            77/9 1 /EEC.
in Case C-441 /93 ( reference for a preliminary ruling from
the Polymeles Protodikeio Athinon ): Panagis Pafitis and
    Others v. Trapeza Kentrikis Ellados AE and Others ( l )           ( ] ) OJ No C 1 , 4 . 1 . 1994 .
(Company law — Directive 77/91/EEC — Alteration of
capital ofa bank constituted in the form ofa public limited
liability company — Direct effect of Articles 25 (1) and
          29 (3) of the Directive — Abuse of rights)
                          ( 96/C 180/05 )
                 (Language of the case: Greek)                                        JUDGMENT OF THE COURT
                                                                                                 ( Fifth Chamber)
                                                                                                of 14 March 1996
(Provisional translation; the definitive translation will be
          published in the European Court Reports)                    in Case C-275/94 ( reference for a preliminary ruling
                                                                      from the Hof van Cassatie van Belgïe ): Roger Van der
                                                                      Linden v. Berufsgenossenschaft der Feinmechanik und
In Case C-441 /93 : reference to the Court under Article 177                                     Elektrotechnik (1 )
of the EC Treaty from the Polymeles Protodikeio Athinon                (Brussels Convention — Interpretation of Article 47 (1) —
( Court of First Instance, Athens ) for a preliminary ruling in       Documents to be produced by a party applying for
the proceedings pending before that court between Panagis             enforcement — Obligation to produce proof of service of
Pafitis and Others, supported by Investment and Shipping              the judgment delivered — Possibility ofproducing proof of
Enterprises Est and Others, and Trapeza Kentrikis Ellados                       service after the application has been made)
AE and Others , supported by Trapeza tis Ellados AE and                                            ( 96/C 180/06 )
Others — on the interpretation of Article 25 et seq. and
Article 29 of the Second Council Directive, Directive
77/91 /EEC of 13 December 1976 on coordination of
                                                                                        (Language of the case: Dutch)
safeguards which, for the protection of the interests of
members and others, are required by Member States of
companies within the meaning of the second paragraph of               (Provisional translation; the definitive translation will be
Article 5 8 of the Treaty, in respect of the formation of public                 published in the European Court Reports)
limited liability companies and the maintenance and
alteration of their capital , with a view to making such
safeguards equivalent ( OJ No L 26 , 1 977, p . 1 ) — the Court,      In Case C-275/94 : reference to the Court under the Protocol
composed of C. N. Kakouris, President of Chamber, acting              of 3 June 1971 on the interpretation by the Court of Justice
for the President, D. A. O. Edward and G. Hirsch                      of the Convention of 27 September 1968 on Jurisdiction
( Presidents of Chambers ), G. F. Mancini, F. A.                      and the Enforcement of Judgments in Civil and Commercial
Schockweiler, J. C. Moitinho de Almeida, P. J. G. Kapteyn             Matters, by the Hof van Cassatie van Belgïe ( Belgian Court
( Rapporteur ), C. Gulmann, J. L. Murray, H. Ragnemalm                of Cassation ) for a preliminary ruling in the proceedings
and L. Sevón, Judges; G. Tesauro, Advocate-General; H.                pending before that court between Roger Van der Linden
von Holstein, Deputy Registrar, for the Registrar, has given          and Berufsgenossenschaft der Feinmechanik und
a judgment on 12 March 1 996 , in which it rules:                     Elektrotechnik on the interpretation of Article 47 ( 1 ) of the
                                                                      Convention of 27 September 1968 on Jurisdiction and the
                                                                      Enforcement of Judgments in Civil and Commercial
 1 . Article 25 of the Second Council Directive (77/91 /EEC)          Matters ( OJ No L 304, 1978 , p . 17 ), as amended by the
      of 13 December 1976 on coordination of safeguards               Convention of 9 October 1978 on the Accession of the