CELEX: C2002/097/03
Language: en
Date: 2002-04-20 00:00:00
Title: Case C-23/02: Reference for a preliminary ruling by the Cour de Cassation (Belgium) by judgement of 6 November 2001 in the case of Office National de l'Emploi against Mohamed Alami

C 97/2                  EN                       Official Journal of the European Communities                                        20.4.2002
ruling concerning the application for registration in the                   Reference for a preliminary ruling by the Tribunal de
Commercial Register made to that court by Holto Ltd. — on                   Commerce de Marseille by order of 22 January 2002 in
the interpretation of Articles 43 EC and 48 EC — the                        the case of Marseille Fret S.A. against Seatrano Shipping
Court (Fifth Chamber), composed of P. Jann, President of                                             Company Limited
the Chamber, D.A.O. Edward, A. La Pergola, M. Wathelet
(Rapporteur) and C.W.A. Timmermans, Judges; S. Alber,
Advocate General; Registrar: R. Grass, has made an order on                                            (Case C-24/02)
22 January 2002 in which it has ordered:
The Court of Justice of the European Communities clearly lacks                                         (2002/C 97/04)
jurisdiction to answer the questions put by the Landesgericht Salzburg
in its order of 27 November 2000.
(1) OJ C 28 of 27.1.2001.                                                   Reference has been made to the Court of Justice of the
                                                                            European Communities by order of the Tribunal de Commerce
                                                                            de Marseille (Marseille Commercial Court) of 22 January 2002,
                                                                            received at the Court Registry on 31 January 2002, for a
                                                                            preliminary ruling in the case of Marseille Fret S.A. against
                                                                            Seatrano Shipping Company Limited on the following ques-
                                                                            tions:
Reference for a preliminary ruling by the Cour de                           1.    Does Title II of the Brussels Convention of 27 September
Cassation (Belgium) by judgement of 6 November 2001 in                            1968, as reproduced in Regulation (EC) No 44/2001 of
the case of Office National de l’Emploi against Mohamed                           22 December 2000 (1), permit a court of a Member State
                                Alami                                             to restrain a citizen of another Contracting State from
                                                                                  bringing proceedings before the courts of his home
                                                                                  country, under either his national law or Community
                           (Case C-23/02)                                         law?
                           (2002/C 97/03)                                   2.    May an English court, by way of an anti-suit injunction,
                                                                                  purport to restrain a person from having access to another
                                                                                  Community court which nevertheless have jurisdiction
                                                                                  under the Brussels Convention of 27 September 1968, as
Reference has been made to the Court of Justice of the                            reproduced in Regulation (EC) No 44/2001 of 22 Decem-
European Communities by judgement of the Cour de Cassation                        ber 2000?
(National Employment Office) (Belgium) of 6 November 2001,
received at the Court Registry on 31 January 2002, for a
preliminary ruling in the case of Office National de l’Emploi               3.    May an English court, by means of that procedure deprive
(National Employment Office) against Mohamed Alami on the                         other Community courts of the power to rule on matters
following question:                                                               falling within their own competence when that power
                                                                                  appears to arise from the provisions of Chapter II of
                                                                                  Regulation (EC) No 44/2001 of 22 December 2000?
Does the Cooperation Agreement between the European
Economic Community and the Kingdom of Morocco signed
in Rabat on 27 April 1976, concluded on behalf of the                       4.    Is an order compelling a Community national to with-
Community by Council Regulation (EEC) No 2211/78 of                               draw an independent action already commenced before a
26 September 1978 (1), preclude a Member State from taking                        French court, under threat of punitive sanctions such as
account only of work periods as an employee completed on                          those provided for by the English anti-suit injunction
its territory by workers of Moroccan nationality for the                          procedure, consistent with the fundamental principle of
purposes of determining whether they are entitled to benefit                      the right to access to a court, as protected by the Court
from a supplement for seniority increasing the basic amount                       of Justice of the European Communities?
of their unemployment benefit?
(1) Council Regulation (EEC) No 2211/78 of 26 September 1978                (1) Council Regulation (EC) No 44/2001 of 22 December 2000 on
    concerning the conclusion of the Cooperation Agreement between              jurisdiction and the recognition and enforcement of judgments in
    the European Economic Community and the Kingdom of Morocco                  civil and commercial matters (OJ L 12, 16.1.2001, p. 1).
    (OJ L 264, 27.9.1978, p. 1).