CELEX: C2002/109/40
Language: en
Date: 2002-05-04 00:00:00
Title: Case C-36/02: Reference for a preliminary ruling by the Bundesverwaltungsgericht by order of that Court of 24 October 2001 in the case of OMEGA Spielhallen- und Automatenaufstellungs-GmbH against Oberbürgermeisterin der Bundesstadt Bonn

4.5.2002              EN                   Official Journal of the European Communities                                        C 109/25
Reference for a preliminary ruling by the Bundesverwal-               1.    Does a procedure to constitute a liability limitation fund
tungsgericht by order of that Court of 24 October 2001                      pursuant to an application by a shipowner under the
in the case of OMEGA Spielhallen- und Automatenaufstel-                     Brussels Convention of 10 October 1957 constitute
lungs-GmbH against Oberbürgermeisterin der Bundes-                          proceedings within the meaning of Article 21 of the
                           stadt Bonn                                       1968 Brussels Convention (1) where it is evident from the
                                                                            application, where the relevant names are stated, who
                                                                            might be affected thereby as a potential injured party?
                         (Case C-36/02)
                                                                      2.    Is an order to constitute a liability limitation fund under
                                                                            the Netherlands procedural rules in force in 1986 a
                        (2002/C 109/40)                                     judgment within the meaning of Article 25 of the 1968
                                                                            Brussels Convention?
                                                                      3.    Can a limitation fund which was constituted on 27 May
                                                                            1987 by a Netherlands court pursuant to Netherlands
Reference has been made to the Court of Justice of the                      procedural rules then in force without prior service on an
European Communities by order of the Bundesverwaltungsge-                   affected creditor now be denied recognition in another
richt (Federal Administrative Court) of 24 October 2001,                    Member State in relation to the creditor concerned
received at the Court Registry on 12 February 2002, for a                   pursuant to Article 27(2) of the 1968 Brussels Conven-
preliminary ruling in the case of OMEGA Spielhallen- und                    tion?
Automatenaufstellungs-GmbH against Oberbürgermeisterin
der Bundesstadt Bonn on the following question:                       4.    If Question 3 is answered in the affirmative, is the creditor
                                                                            concerned deprived of its right to rely on Article 27(2) by
Is it compatible with the provisions on freedom to provide                  virtue of the fact that in the Member State which
services and the free movement of goods contained in the                    constituted the limitation fund it raised the matter
Treaty establishing the European Community for a particular                 of jurisdiction before a higher court without having
commercial activity — in this case the operation of a so-                   previously objected to default of service?
called ‘laserdrome’ involving simulated killing action — to be
prohibited under national law because it offends against the
values enshrined in the Basic (Constitutional) Law?                   (1) 27 September 1968 on jurisdiction and the enforcement of
                                                                          judgments in civil and commercial matters (OJ L 204, 1975,
                                                                          p. 28) modified by the Convention of 26 May 1989 on the
                                                                          accession of the Kingdom of Spain and the Portuguese Republic
                                                                          with the adjustments made to them by the Convention on the
                                                                          accession of the Kingdom of Denmark, of Ireland and of the
                                                                          United Kingdom of Great Britain and Northern Ireland and the
                                                                          adjustments made to them by the Convention on the accession of
                                                                          the Hellenic Republic (OJ L 285, 1989, p. 1).
Reference for a preliminary ruling by the Højesterets
Anke- og Kæremålsudvalg by order of 8 February 2002 in
the case of Mærsk Olie & Gas A/S against M. de Haan en
W. de Boer, in the person of its owners Martinus de Haan
                     and Willem de Boer
                                                                      Reference for a preliminary ruling by the Unabhängiger
                                                                      Verwaltungssenat im Land Niederösterreich, Aussenstelle
                         (Case C-39/02)                               Mistelbach by order of that Court of 29 January 2002 in
                                                                               the case of an appeal by Margareta Scherndl
                        (2002/C 109/41)                                                         (Case C-40/02)
                                                                                               (2002/C 109/42)
Reference has been made to the Court of Justice of the
European Communities by order of the Højesterets Anke- og
Kæremålsudvalg (Appeals and Objections Committee of the               Reference has been made to the Court of Justice of the
Supreme Court) of 8 February 2002, received at the Court              European Communities by order of the Unabhängiger Verwal-
Registry on 13 February 2002, for a preliminary ruling in the         tungssenat im Land Niederösterreich, Aussenstelle Mistelbach
case of Mærsk Olie & Gas A/S against M. de Haan en W. de              of 29 January 2002, received at the Court Registry on
Boer, in the person of its owners Martinus de Haan and Willem         14 February 2002, for a preliminary ruling in the case of an
de Boer on the following questions:                                   appeal by Margareta Scherndl on the following questions: