CELEX: C1998/397/12
Language: en
Date: 1998-12-19 00:00:00
Title: JUDGMENT OF THE COURT (Third Chamber) of 27 October 1998 in Case C-51/97 (reference for a preliminary ruling from the Cour de Cassation): Réunion Européenne SA and Others v. Spliethoff's Bevrachtingskantoor BV and the Master of the vessel Alblasgracht V002 (Brussels Convention - Interpretation of Articles 5(1) and (3) and 6 - Claim for compensation by the consignee or insurer of the goods on the basis of the bill of lading against a defendant who did not issue the bill of lading but is regarded by the plaintiff as the actual maritime carrier)

C 397/8               EN                 Official Journal of the European Communities                                     19.12.98
               JUDGMENT OF THE COURT                                     the enforcement of judgments in civil and commercial
                                                                         matters (OJ L 299, 31.12.1972), as amended by the
                       (Third Chamber)
                                                                         Convention of 9 October 1978 on the Accession of
                     of 27 October 1998                                  the Kingdom of Denmark, Ireland and the United
                                                                         Kingdom of Great Britain and Northern Ireland, by
in Case C-51/97 (reference for a preliminary ruling from                 the Convention of 25 October 1982 on the Accession
the Cour de Cassation): ReÂunion EuropeÂenne SA and                      of the Hellenic Republic and by the Convention of
Others v. Spliethoff's Bevrachtingskantoor BV and the                    26 May 1989 on the Accession of the Kingdom of
          Master of the vessel Alblasgracht V002 (1)                     Spain and the Portuguese Republic, but of matters
(Brussels Convention Ð Interpretation of Articles 5(1) and               relating to tort, delict or quasi-delict within the
(3) and 6 Ð Claim for compensation by the consignee or                   meaning of Article 5(3) of that Convention.
insurer of the goods on the basis of the bill of lading
against a defendant who did not issue the bill of lading
but is regarded by the plaintiff as the actual maritime             2. The place where the consignee of the goods, on
                            carrier)                                     completion of a transport operation by sea and then
                                                                         by land, merely discovered the existence of the damage
                        (98/C 397/12)                                    to the goods delivered to him cannot serve to
                                                                         determine the place where the harmful event
                                                                         occurred' within the meaning of Article 5(3) of the
                (Language of the case: French)                           Convention of 28 September 1968, as interpreted by
                                                                         the Court.
 (Provisional translation; the definitive translation will be
          published in the European Court Reports)                  3. Article 6(1) of the Convention of 27 September 1968
                                                                         must be interpreted as meaning that a defendant
                                                                         domiciled in a Contracting State cannot be sued in
                                                                         another Contracting State before a court seised of an
In Case C-51/97: reference to the Court from the Cour de
                                                                         action against a co-defendant not domiciled in a
Cassation (Court of Cassation) (France), under the
                                                                         Contracting State on the ground that the dispute is
Protocol of 3 June 1971 on the interpretation by the
                                                                         indivisible rather than merely displaying a connection.
Court of Justice of the Convention of 27 September 1968
on jurisdiction and the enforcement of judgments in civil
and commercial matters, for a preliminary ruling in the             (1) OJ C 94, 22.3.1997.
proceedings pending before that court between ReÂunion
EuropeÂenne      SA     and     Others     and     Spliethoff's
Bevrachtingskantoor BV and the Master of the vessel
Alblasgracht V002 Ð on the interpretation of Articles 5(1)
and (3) and 6 of the said Convention of 27 September
1968 (OJ L 299, 31.12.1972, p. 32), as amended by the
Convention of 9 October 1978 on the Accession of the                               JUDGMENT OF THE COURT
Kingdom of Denmark, Ireland and the United Kingdom of
Great Britain and Northern Ireland (OJ L 304,                                               (Sixth Chamber)
30.10.1978, p. 1 and Ð amended text Ð p. 77), by the                                      of 27 October 1998
Convention of 25 October 1982 on the Accession of the
Hellenic Republic (OJ L 388, 31.12.1982, p. 1) and by the           in Case C-152/97 (reference for a preliminary ruling from
Convention of 26 May 1989 on the Accession of the                   the Commissione Tributaria Provinciale di Milano):
Kingdom of Spain and the Portuguese Republic (OJ L 285,             Abruzzi Gas SpA (Agas) v. Amministrazione Tributaria di
1989, p. 1) Ð the Court (Third Chamber), composed of:                                           Milano (1)
J.-P. Puissochet, President of the Chamber, J. C. Moitinho
de Almeida (Rapporteur) and C. Gulmann, Judges; G.                  (Directive 69/335/EEC Ð Indirect taxes on the raising of
Cosmas, Advocate-General; R. Grass, Registrar, has given            capital Ð Merger of companies Ð Acquisition by a
a judgment on 27 October 1998, in which it has ruled:               company which already holds all the securities of the
                                                                                          companies acquired)
                                                                                             (98/C 397/13)
1. An action by which the consignee of goods found to
     be damaged on completion of a transport operation by
     sea and then by land, or by which his insurer who has                          (Language of the case: Italian)
     been subrogated to his rights after compensating him,
     seeks redress for the damage suffered, relying on the
     bill of lading covering the maritime transport, not
     against the person who issued that document on his               (Provisional translation; the definitive translation will be
     headed paper but against the person whom the                             published in the European Court Reports)
     plaintiff considered to be the actual maritime carrier,
     falls within the scope not of matters relating to a
     contract within the meaning of Article 5(1) of the             In Case C-152/97: reference to the Court under Article 177
     Convention of 27 September 1968 on jurisdiction and            of the EC Treaty from the Commissione Tributaria