CELEX: C1996/180/06
Language: en
Date: 1996-06-22 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 14 March 1996 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 Elektrotechnik (Brussels Convention - Interpretation of Article 47 (1) - Documents to be produced by a party applying for enforcement - Obligation to produce proof of service of the judgment delivered - Possibility of producing proof of service after the application has been made)

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
 ---pagebreak---  No C 180/4            EN                    Official Journal of the European Communities                                     22 . 6 . 96
 Kingdom of Denmark, Ireland and the United Kingdom of                  Article 7 (1 ) and (2) of Regulation (EEC) No 1612/68 of the
 Great Britain and Northern Ireland ( OJ No L 304, 1978 ,                Council of 15 October 1968 on freedom of movement for
 p . 1 and — in its amended form — p . 77 ) — the Court ( Fifth         workers within the Community must be interpreted as
 Chamber ), composed of D. A. O. Edward ( President of                  meaning that a worker who is a national of one Member
 Chamber ), J. -P. Puissochet, J. C. Moitinho de Almeida                State and is employed in the territory of another Member
  ( Rapporteur ), C. Gulmann and P. Jann, Judges; N. Fennelly,          State is not entitled to have payment of contributions
 Advocate-General; R. Grass, Registrar, has given a                      (employer's and employee's contributions) to the
 judgment on 14 March 1996, in which it rules :                         supplementary old-age and survivors ' pension scheme for
                                                                        workers in the public service continued, at the same level as
                                                                        would have been payable if the employment relationship
 Article 47 (1 ) of the Convention of 27 September 1968 on              had not been suspended because of his call-up for military
 Jurisdiction and the Enforcement ofJudgments in Civil and              service, where nationals of that State employed in the public
  Commercial Matters, as amended by the Convention of                   service are so entitled when performing military service in
 9 October 1978 on the Accession of the Kingdom of                      that State.
 Denmark, Ireland and the United Kingdom of Great Britain
 and Northern Ireland, is to be interpreted as meaning that,
 where the domestic procedural rules so permit, proof of                (') OJ No C 380, 31 . 12 . 1994 .
 service of the judgment may be produced after the
 application has been made, in particular during the course of
 appeal proceedings subsequently brought by the party
 against whom enforcement is sought, provided that that
 party is given a reasonable period of time in which to satisfy
 the judgment voluntarily and that the party seeking
 enforcement bears all costs unnecessarily incurred.
 (') OJ No C 351 , 10 . 12 . 1994 .
                                                                                       JUDGMENT OF THE COURT
                                                                                                ( Fifth Chamber )
                                                                                               of 14 March 1996
                                                                        in Case C-238/95 : Commission of the European
                                                                                      Communities v. Italian Republic ( ! )
               JUDGMENT OF THE COURT                                    (Failure to fulfil obligations — Directive 93/67/EEC —
                        ( Sixth Chamber )                               Assessment of risks to man and the environment posed by
                       of 14 March 1996
                                                                                             dangerous substances)
                                                                                                  ( 96/C 180/08 )
in Case C-3 15/94 (reference for a preliminary ruling
 from the Arbeitsgericht Bielefeld ): Peter de Vos v. Stadt
                             Bielefeld ( J )
                                                                                        (Language of the case: Italian)
 (Freedom of movement for persons — Military service —
                        Social advantage)
                          ( 96/C 180/07 )
                                                                        (Provisional translation; the definitive translation will be
                                                                                published in the European Court Reports)
               (Language of the case: German)
(Provisional translation; the definitive translation will be           In Case C-238/95 : Commission of the European
          published in the European Court Reports)                     Communities ( Agents : Laura Pignatoro and Maria
                                                                       Condou-Durande ) v. Italian Republic ( Agent: Professor
                                                                       Umberto Leanza, assisted by Pier Giorgio Ferri, avvocato
In Case C-3 1 5/94 : reference to the Court under Article 177          dello Stato ) — application for a declaration that, by failing
of the EC Treaty from the Arbeitsgericht Bielefeld                     to adopt and communicate the laws, regulations and
( Germany ) for a preliminary ruling in the proceedings                administrative provisions necessary to comply with
pending before that court between Peter de Vos and Stadt               Commission Directive 93/67/EEC of 20 July 1993 laying
Bielefeld on the interpretation of Article 7 of Regulation             down the principles for assessment of risks to man and the
( EEC ) No 1612/68 of the Council of 15 October 1968 on                environment of substances notified in accordance with
freedom of movement for workers within the Community                   Council Directive 67/548/EEC ( OJ No L 227, 1993 , p. 9 ),
( OJ, English Special Edition 1968(11 ), p . 475 ) — the Court         the Italian Republic has failed to fulfil its obligations under
( Sixth Chamber), composed of C. N. Kakouris, President of             that Directive and the EC Treaty — the Court ( Fifth
the Chamber, G. Hirsch, F. A. Schockweiler, P. J. G.                   Chamber ), composed of D. A. O. Edward, President of the
Kapteyn ( Rapporteur ) and J. L. Murray, Judges; D.                    Chamber, J. -P. Puissochet ( Rapporteur ), J. C. Moitinho de
Ruiz-Jarabo Colomer, Advocate-General; Registrar, R.                   Almeida, L. Sevon and M. Wathelet, Judges; N. Fennelly,
Grass, gave a judgment on 14 March 1996, the operative                 Advocate-General; R. Grass, Registrar, has given a
part of which is as follows :                                          judgment on 14 March 1996 in which it: