CELEX: C2004/085/09
Language: en
Date: 2004-04-03 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 5 February 2004 in Case C-18/02 (Reference for a preliminary ruling from the Arbejdsret ): Danmarks Rederiforening v LO Landsorganisationen i Sverige (Brussels Convention — Article 5(3) — Jurisdiction in matters relating to tort, delict or quasi-delict — Place where the harmful event occurred — Measure taken by a trade union in a Contracting State against the owner of a ship registered in another Contracting State)

3.4.2004                EN                           Official Journal of the European Union                                                  C 85/7
                 JUDGMENT OF THE COURT                                       of Sweden (OJ 1997 C 15, p. 1), the Court (Sixth Chamber),
                                                                             composed of: V. Skouris, acting on behalf of the President of
                                                                             the Sixth Chamber, J. N. Cunha Rodrigues (Rapporteur), J.-
                                                                             P. Puissochet, R. Schintgen and F. Macken, Judges; F. G. Jacobs,
                         (Sixth Chamber)                                     Advocate General; H. von Holstein, Deputy Registrar, has
                                                                             given a judgment on 5 February 2004, in which it has ruled:
                        of 5 February 2004
                                                                             1.   (a)   Article 5(3) of the Brussels Convention of 27 September
                                                                                        1968 on jurisdiction and the enforcement of judgments
                                                                                        in civil and commercial matters, as amended by the
in Case C-18/02 (Reference for a preliminary ruling                                     Convention of 9 October 1978 on the Accession of the
from the Arbejdsret ): Danmarks Rederiforening v LO                                     Kingdom of Denmark, Ireland and the United Kingdom
               Landsorganisationen i Sverige (1)                                        of Great Britain and Northern Ireland, by the Convention
                                                                                        of 25 October 1982 on the Accession of the Hellenic
                                                                                        Republic, by the Convention of 26 May 1989 on the
                                                                                        Accession of the Kingdom of Spain and the Portuguese
(Brussels Convention — Article 5(3) — Jurisdiction in                                   Republic and by the Convention of 29 November 1996
matters relating to tort, delict or quasi-delict — Place where                          on the Accession of the Republic of Austria, the Republic
the harmful event occurred — Measure taken by a trade                                   of Finland and the Kingdom of Sweden, must be
union in a Contracting State against the owner of a ship                                interpreted as meaning that a case concerning the legality
            registered in another Contracting State)                                    of industrial action, in respect of which exclusive jurisdic-
                                                                                        tion belongs, in accordance with the law of the Contracting
                                                                                        State concerned, to a court other than the court which has
                                                                                        jurisdiction to try the claims for compensation for the
                          (2004/C 85/09)                                                damage caused by that industrial action, falls within the
                                                                                        definition of >tort, delict or quasi-delict.
                   (Language of the case: Danish)
                                                                                  (b) For the application of Article 5(3) of the Brussels
                                                                                        Convention to a situation such as that in the dispute in
                                                                                        the main proceedings, it is sufficient that that industrial
                                                                                        action is a necessary precondition of sympathy action
(Provisional translation; the definitive translation will be published
                                                                                        which may result in harm.
                   in the European Court Reports)
                                                                                  (c)   The application of Article 5(3) of the Brussels Convention
                                                                                        is not affected by the fact that the implementation of
                                                                                        industrial action was suspended by the party giving notice
                                                                                        pending a ruling on its legality.
In Case C-18/02: 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 and Commercial Matters                     2.   In circumstances such as those in the main proceedings,
by the Arbejdsret (Denmark) for a preliminary ruling in the                       Article 5(3) must be interpreted as meaning that the damage
proceedings pending before that court between Danmarks                            resulting from industrial action taken by a trade union in a
Rederiforening, acting on behalf of DFDS Torline A/S, and LO                      Contracting State to which a ship registered in another
Landsorganisationen i Sverige, acting on behalf of SEKO                           Contracting State sails can be regarded as having occurred in
Sjöfolk Facket för Service och Kommunikation, on the                              the flag State, with the result that the shipowner can bring an
interpretation of Article 5(3) of the abovementioned Conven-                      action for damages against that trade union in the flag State.
tion of 27 September 1968 (OJ 1978 L 304, p. 36), as
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), by the                          (1) OJ C 109 of 4.5.2002.
Convention of 25 October 1982 on the Accession of the
Hellenic Republic (OJ 1982 L 388, p. 1), by the Convention of
26 May 1989 on the Accession of the Kingdom of Spain and
the Portuguese Republic (OJ 1989 L 285, p. 1) and by the
Convention of 29 November 1996 on the Accession of the
Republic of Austria, the Republic of Finland and the Kingdom