CELEX: C2000/163/01
Language: en
Date: 2000-06-10 00:00:00
Title: Judgment of the Court of 28 March 2000 in Case C-7/98 (reference for a preliminary ruling from the Bundesgerichtshof): Dieter Krombach v André Bamberski (Brussels Convention — Enforcement of judgments — Public policy)

10.6.2000               EN                      Official Journal of the European Communities                                               C 163/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       de Almeida, D.A.O. Edward, L. Sevón, R. Schintgen (Presidents
                                                                             of Chambers), P.J.G. Kapteyn, C. Gulmann, J.-P. Puissochet,
                                                                             G. Hirsch, P. Jann (Rapporteur) and H. Ragnemalm, Judges;
                         of 28 March 2000                                    A. Saggio, Advocate General; L. Hewlett, Administrator, for
                                                                             the Registrar, has given a judgment on 28 March 2000, in
                                                                             which it has ruled:
in Case C-7/98 (reference for a preliminary ruling from
the Bundesgerichtshof): Dieter Krombach v André Bam-
                              berski (1)
                                                                             Article 27, point 1, of the Convention of 27 September 1968 on
                                                                             Jurisdiction and the Enforcement of Judgments in Civil and Commer-
(Brussels Convention — Enforcement of judgments — Public                     cial Matters, as amended by the Convention of 9 October 1978 on
                               policy)                                       the Accession of the Kingdom of Denmark, Ireland and the United
                                                                             Kingdom of Great Britain and Northern Ireland and by the
                                                                             Convention of 25 October 1982 on the Accession of the Hellenic
                          (2000/C 163/01)                                    Republic, must be interpreted as follows:
                                                                             1. The court of the State in which enforcement is sought cannot,
                   (Language of the case: German)                                 with respect to a defendant domiciled in that State, take account,
                                                                                  for the purposes of the public-policy clause in Article 27, point
                                                                                  1, of that Convention, of the fact, without more, that the court
                                                                                  of the State of origin based its jurisdiction on the nationality of
(Provisional translation; the definitive translation will be published            the victim of an offence.
                   in the European Court Reports)
                                                                             2. The court of the State in which enforcement is sought can, with
In Case C-7/98: reference to the Court pursuant to the Protocol                   respect to a defendant domiciled in that State and prosecuted for
of 3 June 1971 on the interpretation by the Court of Justice of                   an intentional offence, take account, in relation to the public-
the Convention of 27 September 1968 on Jurisdiction and the                       policy clause in Article 27, point 1, of that Convention, of the
Enforcement of Judgments in Civil and Commercial Matters                          fact that the court of the State of origin refused to allow that
by the Bundesgerichtshof (Federal Court of Justice) (Germany)                     person to have his defence presented unless he appeared in person.
for a preliminary ruling in the proceedings pending before that
court between Dieter Krombach and André Bamberski on the
interpretation of Article 27, point 1, of the abovementioned
Convention of 27 September 1968 (OJ 1978 L 304, p. 36), as                   (1) OJ C 72 of 7.3.1998.
amended by the Convention of 9 October 1978 on the
Accession of the Kingdom of Denmark, Ireland and the United
Kingdom of Great Britain and Northern Ireland (OJ 1978
L 304, p. 1 and — amended version — p. 77) and by the
Convention of 25 October 1982 on the Accession of the
Hellenic Republic (OJ 1982 L 388, p. 1) — the Court,
composed of: G.C. Rodriguez Iglesias, President, J.C. Moitinho