CELEX: C1996/388/01
Language: en
Date: 1996-12-21 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 10 October 1996 in Case C-78/95 (reference for a preliminary ruling from the Hoge Raad der Nederlanden): Bernardus Hendrikman and Maria Feyen v. Magenta Druck & Verlag GmbH (Brussels Convention - Interpretation of Article 27 (2) - Recognition of a decision - Definition of a defendant in default of appearance)

21 . 12 . 96           EN |               Official Journal of the European Communities                                   No C 388/ 1
                                                                   I
                                                            (Information)
                                               COURT OF JUSTICE
                                                        COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                Article 27 (2) of the Convention of 27 September 1968 on
                         (Fifth Chamber)                              jurisdiction and the enforcement of judgments in civil and
                                                                      commercial matters, as amended by the Convention of
                       of 10 October 1996                             9 October 1978 relating to the accession of the Kingdom
in Case C-78/95 (reference for a preliminary ruling from              of Denmark, Ireland and the United Kingdom of Great
the Hoge Raad der Nederlanden ): Bernardus Hendrikman                 Britain and Northern Ireland, applies to judgments given
 and Maria Feyen v. Magenta Druck & Verlag GmbH (')                   against a defendant who was not duly served with, or
                                                                      notified of, the document instituting proceedings in
 (Brussels Convention — Interpretation of Article 27 (2) —            sufficient time and who was not validly represented during
Recognition of a decision — Definition of a defendant in              those proceedings, albeit the judgments given were not
                      default of appearance)                          given in default of appearance because someone
                          ( 96/C 388/01 )                             purporting to represent the defendant appeared before the
                                                                      court first seised.
                  (Language of the case: Dutch)                       (•) OJ No C 119 , 13 . 5 . 1995 .
  (Provisional translation; the definitive translation will be
            published in the European Court Reports)
In Case C-78/95 : reference to the Court pursuant to the
                                                                                     JUDGMENT OF THE COURT
Protocol of 3 June 1971 on the interpretation by the
Court of Justice of the Convention of 27 September 1968                                         (Fifth Chamber)
on jurisdiction and the enforcement of judgments in civil                                   of 17 October 1996
and commercial matters from the Hoge Raad der
Nederlanden ( Supreme Court of the Netherlands ) for a                in Case C-64/95 ( reference for a preliminary ruling by the
preliminary ruling in the proceedings pending before that             Finanzgericht des Landes Brandenburg): Konservenfabrik
court between Bernardus Hendrikman and Maria Feyen,                   Lubella    Friedrich      Büker    GmbH     &    Co.   KG     v.
and Magenta Druck & Verlag GmbH — on the                                                 Hauptzollamt Cottbus ( ! )
interpretation of Article 27 ( 1 ) and ( 2 ) and Article 29 of
the Convention of 27 September 1968 on jurisdiction and               (Common organization of the market in fruit and
the enforcement of judgments in civil and commercial                       vegetables — Protective measures — Sour cherries)
matters ( OJ No L 299, 31 . 12 . 1972, p. 32 ), as amended                                       ( 96/C 388/02 )
by the Convention of 9 October 1978 relating to the
accession of the Kingdom of Denmark, Ireland and the
United Kingdom of Great Britain and Northern Ireland                                 (Language of the case: German)
( OJ No L 304, 30 . 10 . 1978 , p. 1 and, for the amended
text, p. 77), the Court ( Fifth Chamber), composed of: J. C.
Moitinho de Almeida , President of the Chamber, C.                      (Provisional translation; the definitive translation will be
Gulmann, D. A. O. Edward, P. Jann ( Rapporteur) and M.                         published in the European Court Reports)
Wathelet, Judges; F. G. Jacobs, Advocate-General; L.
Hewlett, Administrator, for the Registrar, gave a judgment
on 10 October 1996 , the operative part of which is as               In Case C-64/95 : reference by the Finanzgericht des Landes
follows :                                                            Brandenburg ( Finance Court of Land Brandenburg ) for