CELEX: C1998/234/16
Language: en
Date: 1998-07-25 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 19 May 1998 in Case C-351/96 (reference for a preliminary ruling from the Cour de Cassation, France): Drouot Assurances SA v Consolidated Metallurgical Industries (CMI Industrial Sites), Protea Assurance, Groupement d'Intérêt Économique (GIE) Réunion Européenne (Brussels Convention - Interpretation of Article 21 - Lis alibi pendens - Definition of same parties - Insurance company and its insured)

25.7.98               EN                  Official Journal of the European Communities                                  C 234/9
and Articles 5 and 189 of the EC Treaty Ð the Court,                 interpretation of Article 21 of that Convention (OJ L 304
composed of: G. C. Rodríguez Iglesias, President,                    of 30.10.1978, p. 36), as amended by the Convention of
C. Gulmann, (Rapporteur), H. Ragnemalm, M. Wathelet                  9 October 1978 on the Accession of the Kingdom of
and R. Schintgen, Presidents of Chamber, J. C. Moitinho              Denmark, Ireland and the United Kingdom of Great
de Almeida, P. J. G. Kapteyn, J. L. Murray, D. A. O.                 Britain and Northern Ireland (OJ L 304 of 30.10.1978,
Edward, G. Hirsch and P. Jann, Judges; N. Fennelly,                  p. 1; amended version of the Convention, p. 77) and the
Advocate General; H. von Holstein, Deputy Registrar, has             Convention of 25 October 1982 on the Accession of the
given a judgment on 19 May 1998, in which it:                        Hellenic Republic (OJ L 388 of 31.12.1982, p. 1) Ð the
                                                                     Court (Fifth Chamber), composed of: C. Gulmann,
                                                                     President of the Chamber, M. Wathelet, J. C. Moitinho de
1. Declares that, by classifying as special protection areas
                                                                     Almeida, D. A. O. Edward, (Rapporteur) and L. Sevón,
     territories whose number and total area are clearly
                                                                     Judges; N. Fennelly, Advocate General; L. Hewlett,
     smaller than the number and total area of the
                                                                     Principal Administrator for the Registrar, has given a
     territories suitable for classification as special
                                                                     judgment on 19 May 1998, in which it has ruled:
     protection areas within the meaning of Article 4(1) of
     Council Directive 79/409/EEC of 2 April 1979 on the
     conservation of wild birds, the Kingdom of the
     Netherlands has failed to fulfil its obligations under          Article 21 of the Convention of 27 September 1968 on
     that directive;                                                 Jurisdiction and the Enforcement of Judgments in Civil
                                                                     and Commercial Matters, as amended by the Convention
                                                                     of 9 October 1978 on the Accession of the Kingdom of
2. Orders the Kingdom of the Netherlands to pay the                  Denmark, Ireland and the United Kingdom of Great
     costs;                                                          Britain and Northern Ireland and by the Convention of
                                                                     25 October 1982 on the Accession of the Hellenic
3. Orders the Federal Republic of Germany to bear its                Republic, is not applicable in the case of two actions for
     own costs.                                                      contribution to general average, one brought by the
                                                                     insurer of the hull of a vessel which has foundered against
                                                                     the owner and the insurer of the cargo which the vessel
(1) OJ C 77 of 16.3.1996.                                            was carrying when it sank, the other brought by the latter
                                                                     two parties against the owner and the charterer of the
                                                                     vessel, unless it is established that, with regard to the
                                                                     subject-matter of the two disputes, the interests of the
                                                                     insurer of the hull of the vessel are identical to and
                                                                     indissociable from those of its insured, the owner and the
                JUDGMENT OF THE COURT                                charterer of that vessel.
                       (Fifth Chamber)
                                                                     (1) OJ C 370 of 7.12.1996.
                       of 19 May 1998
in Case C-351/96 (reference for a preliminary ruling from
the Cour de Cassation, France): Drouot Assurances SA v
Consolidated Metallurgical Industries (CMI Industrial
Sites), Protea Assurance, Groupement d'InteÂreÃt EÂcono-
             mique (GIE) ReÂunion EuropeÂenne (1)
(Brussels Convention Ð Interpretation of Article 21 Ð Lis                          JUDGMENT OF THE COURT
alibi pendens Ð Definition of same parties Ð Insurance                                      (Fifth Chamber)
                   company and its insured)
                                                                                            of 28 May 1998
                        (98/C 234/16)
                                                                     in Case C-7/95 P: John Deere Ltd v Commission of the
                 (Language of the case: French)                                        European Communities (1)
                                                                     (Appeal Ð Admissibility Ð Question of law Ð Question
                                                                     of fact Ð Competition Ð Information exchange system Ð
  (Provisional translation; the definitive translation will be
                                                                     Restriction of competition Ð Refusal to grant an
          published in the European Court Reports)
                                                                                               exemption)
In Case C-351/96: reference to the Court, pursuant to the                                    (98/C 234/17)
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: English)
and Commercial Matters, by the Cour de Cassation,
France, for a preliminary ruling in the proceedings
pending before that court between Drouot Assurances SA               In Case C-7/95 P: John       Deere Ltd, a company whose
and Consolidated Metallurgical Industries (CMI Industrial            registered office is in      Edinburgh (United Kingdom),
Sites),     Protea    Assurance,     Groupement       d'InteÂreÃt    represented by Hans-Jörg     Niemeyer and Rainer Bechtold,
EÂconomique (GIE) ReÂunion EuropeÂenne Ð on the                      Rechtsanwälte, Stuttgart,    with an address for service in