CELEX: C1997/054/14
Language: en
Date: 1997-02-22 00:00:00
Title: ORDER OF THE COURT (Fourth Chamber) of 28 November 1996 in Case C-293/95 P Odigitria AAE v. Council of the European Union and Commission of the European Communities (Appeal - Non-contractual liability - EEC/Senegal and EEC/Guinea-Bissau fishery agreements - Boarding of a fishing vessel - Community licence)

No C 54/8           | EN |                 Official Journal of the European Communities                                     22 . 2 . 97
               JUDGMENT OF THE COURT                                  States in which he has an office where he organizes his
                                                                      activities for his employer and to which he returns after
                        ( Sixth Chamber)
                                                                      each business trip abroad.
                       of 9 January 1997
in Case C-3 83/95 (reference for a preliminary ruling from            (') OJ No C 31 , 3 . 2 . 1996 .
the Hoge Raad der Nederlanden ): Petrus Wilhelmus
                Rutten v. Cross Medical Ltd (')
(Brussels Convention — Article 5 (1 ) — Courts for the
place of performance of the contractual obligation —
Contract of employment — Place where the employee
habitually carries out his work — Work performed in
                    more than one country)                                              ORDER OF THE COURT
                           ( 97/C 54/ 13 )                                                      (Fourth Chamber)
                                                                                            of 28 November 1996
                 (Language of the case: Dutch)                        in Case C-293/95 P Odigitria AAE v. Council of the
                                                                      European Union and Commission of the European
                                                                                                 Communities (')
   (Provisional translation; the definitive translation will be       (Appeal — Non-contractual liability — EEC/Senegal and
          published in the European Court Reports)                    EEC/Guinea-Bissau fishery agreements — Boarding of a
                                                                                   fishing vessel — Community licence)
                                                                                                   ( 97/C 54/ 14 )
In Case C-383/95 : reference to the Court under the
Protocol of 3 June 1971 on the interpretation by the
 Court of Justice of the Convention of 27 September 1968
on jurisdiction and the enforcement of judgments in civil                              (Language of the case: Greek)
and commercial matters by the Hoge Raad der
Nederlanden for a preliminary ruling in the proceedings
 pending before that Court between Petrus Wilhelmus
 Rutten and Cross Medical Ltd — on the interpretation of                 (Provisional translation; the definitive translation will be
 Article 5 ( 1 ) of the abovementioned Convention of                            published in the European Court Reports)
 27 September 1968 ( OJ No L 299, 31 . 12 . 1972 , p. 32 ),
 as amended by the Convention of 9 October 1978 on the
 Accession of the Kingdom of Denmark, Ireland and the                 In Case C-293/95 P: Odigitria AAE ( represented
 United Kingdom of Great Britain and Northern Ireland                 by Anastasia Chatzitzani , Georgios Stefanakis and
 ( OJ No L 304 , 30 . 10 . 1978 , p. 1 and — amended text —           Epameinondas Marias ) — appeal against the judgment of
 p. 77 ), by the Convention of 25 October 1982 on the                 the Court of First Instance of the European Communities
 Accession of the Hellenic Republic ( OJ No L 388 , 31 . 12 .          ( First Chamber ) of 6 July 1995 in Case T-572/93 Odigitria
 1982, p. 1 ) and by the Convention of 26 May 1989 on                 v. Council and Commission ( 1995 ) ECR 11-2025 , seeking
 the Accession of the Kingdom of Spain and the Portuguese             to have that judgment set aside — the other parties to the
 Republic ( OJ No L 285 , 3 . 10 . 1989 , p. 1 ) — the Court           proceedings being Council of the European Union ( Agents :
 ( Sixth Chamber ), composed of: G. F. Mancini, President             John Carbery and Sofia Kyriakopoulou ) and Commission
 of the Chamber, J. L. Murray, C. N. Kakouris, H.                      of the European Communities ( agents : Madame Kontou­
 Ragnemalm and R. Schintgen ( Rapporteur ), Judges; F. G.              Durande and Thomas van Rijn ) — the Court ( Fourth
 Jacobs, Advocate-General; R. Grass, Registrar, has given a            Chamber ), composed of: J. L. Murray, President of the
 judgment on 9 January 1997, in which it has ruled :                   Chamber, C. N. Kakouris and P. J. G. Kapteyn
                                                                       ( Rapporteur ) Judges; M. B. Elmer, Advocate-General , R.
                                                                       Grass, Registrar, gave a judgment on 28 November 1996 ,
 Article 5 (1 ) of the Convention of 27 September 1968 on              the operative part of which is as follows :
 jurisdiction and the enforcement of judgments in civil and
 commercial matters, as amended by the Convention of
 26 May 1989 on the accession of the Kingdom of Spain
                                                                        1 . The application is dismissed.
 and the Portuguese Republic, must be interpreted as
 meaning that where, in the performance of a contract of
 employment, an employee carries out his work in several
  Contracting States, the place where he habitually carries            2 . The appelant is ordered to pay the costs.
 out his work, within the meaning of that provision, is the
 place where he has established the effective centre of his
                                                                        (') OJ No C 299 , 11 . 11 . 1995 .
 working activities. When identifying that place, it is
 necessary to take into account the fact that the employee
 spends most of his working time in one of the Contracting