CELEX: C2002/289/03
Language: en
Date: 2002-11-23 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 1 October 2002 in Case C-167/00 (Reference for a preliminary ruling from the Oberster Gerichtshof): Verein für Konsumenteninformation v Karl Heinz Henkel (Brussels Convention — Article 5(3) — Jurisdiction in matters relating to tort, delict or quasi-delict — Preventive action by associations — Consumer protection organisation seeking an injunction to prevent a trader from using unfair terms in consumer contracts)

C 289/2                  EN                      Official Journal of the European Communities                                         23.11.2002
General; H. von Holstein, Deputy Registrar, has given a                     Republic of Austria, the Republic of Finland and the Kingdom
judgment on 3 October 2002, in which it has ruled:                          of Sweden (OJ 1997 C 15, p. 1), the Court (Sixth Chamber),
                                                                            composed of: F. Macken, President of the Chamber, C. Gul-
Article 59 of the EC Treaty (now, after amendment, Article 49 EC)           mann, J.-P. Puissochet, R. Schintgen (Rapporteur) and
is to be interpreted as precluding a Member State’s tax legislation         J.N. Cunha Rodrigues, Judges; F.G. Jacobs, Advocate General;
from restricting or disallowing the deductibility for income tax            M.-F. Contet, Administrator, for the Registrar, has given a
purposes of contributions to voluntary pension schemes paid to              judgment on 1 October 2002, in which it has ruled:
pension providers in other Member States while allowing such
contributions to be deducted when they are paid to institutions in the      The rules on jurisdiction laid down in the Convention of 27 September
first-mentioned Member State, if that legislation does not at the           1968 on Jurisdiction and the Enforcement of Judgments in Civil and
same time preclude taxation of the pensions paid by the abovemen-           Commercial Matters of 27 September 1968, as amended by the
tioned pension providers.                                                   Convention of 9 October 1978 on the Accession of the Kingdom of
                                                                            Denmark, Ireland and the United Kingdom of Great Britain and
( 1) OJ C 176 of 24. 6. 2000.                                               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
                                                                            Republic and by the Convention of 29 November 1996 on the
                                                                            Accession of the Republic of Austria, the Republic of Finland and the
                                                                            Kingdom of Sweden, must be interpreted as meaning that a preventive
                                                                            action brought by a consumer protection organisation for the purpose
                 JUDGMENT OF THE COURT                                      of preventing a trader from using terms considered to be unfair in
                                                                            contracts with private individuals is a matter relating to tort, delict or
                          (Sixth Chamber)                                   quasi-delict within the meaning of Article 5(3) of that convention.
                         of 1 October 2002                                  (1 ) OJ C 192 of 8.7.2000.
in Case C-167/00 (Reference for a preliminary ruling from
the Oberster Gerichtshof): Verein für Konsumenteninfor-
                 mation v Karl Heinz Henkel (1)
(Brussels Convention — Article 5(3) — Jurisdiction in
matters relating to tort, delict or quasi-delict — Preventive
action by associations — Consumer protection organisation                                     JUDGMENT OF THE COURT
seeking an injunction to prevent a trader from using unfair
                   terms in consumer contracts)                                                        (First Chamber)
                           (2002/C 289/03)                                                           of 3 October 2002
                    (Language of the case: German)
                                                                            in Case C-347/00 (Reference for a preliminary ruling from
                                                                            the Juzgado de lo Social n 3 de Orense): Ángel Barreira
(Provisional translation; the definitive translation will be published      Pérez v Instituto Nacional de la Seguridad Social (INSS),
                    in the European Court Reports)                               Tesorería General de la Seguridad Social (TGSS) (1)
                                                                            (Regulation (EEC) No 1408/71 — Articles 1(r) and (s)
In Case C-167/00: Reference to the Court under the Protocol                 and 46(2) — Award of pension rights — Periods of
of 3 June 1971 on the interpretation by the Court of Justice of             insurance completed before the materialisation of the risk —
the Convention of 27 September 1968 on Jurisdiction and the                                  Periods of notional contribution)
Enforcement of Judgments in Civil and Commercial Matters
by the Oberster Gerichtshof (Austria) for a preliminary ruling
in the proceedings pending before that court between Verein                                            (2002/C 289/04)
für Konsumenteninformation and Karl Heinz Henkel, on
the interpretation of Article 5(3) of the abovementioned                                        (Language of the case: Spanish)
Convention 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                 (Provisional translation; the definitive translation will be published
Kingdom of Great Britain and Northern Ireland (OJ 1978                                          in the European Court Reports)
L 304, p. 1, and — amended version — p. 77), by the
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                    In Case C-347/00: Reference to the Court under Article 234
the Portuguese Republic (OJ 1989 L 285, p. 1) and by the                    EC by the Juzgado de lo Social No 3 de Orense (Spain) for
Convention of 29 November 1996 on the Accession of the                      a preliminary ruling in the proceedings pending before that