CELEX: C2001/028/07
Language: en
Date: 2001-01-27 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 9 November 2000 in Case C-387/98 (reference for a preliminary ruling from the Hoge Raad der Nederlanden): Coreck Maritime GmbH v Handelsveem BV and Others (Brussels Convention — Article 17 — Clause conferring jurisdiction — Formal conditions — Effects)

C 28/4                  EN                      Official Journal of the European Communities                                          27.1.2001
                  JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                          (Fifth Chamber)                                                             (Fifth Chamber)
                       of 9 November 2000                                                          of 9 November 2000
in Case C-381/98 (reference for a preliminary ruling                       in Case C-387/98 (reference for a preliminary ruling from
from the Court of Appeal of England and Wales (Civil                       the Hoge Raad der Nederlanden): Coreck Maritime GmbH
Division)): Ingmar GB Ltd v Eaton Leonard Technologies                                     v Handelsveem BV and Others (1)
                                Inc. (1)
                                                                           (Brussels Convention — Article 17 — Clause conferring
(Directive 86/653/EEC — Self-employed commercial agent                               jurisdiction — Formal conditions — Effects)
carrying on his activity in a Member State — Principal
established in a non-member country — Clause submitting
the agency contract to the law of the country of establishment
                                                                                                       (2001/C 28/07)
                          of the principal)
                           (2001/C 28/06)
                                                                                                (Language of the case: Dutch)
                    (Language of the case: English)
                                                                           (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
In Case C-381/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Court of Appeal
of England and Wales (Civil Division), United Kingdom, for a               In Case C-387/98: reference to the Court under Article 177 of
preliminary ruling in the proceedings pending before that                  the EC Treaty (now Article 234 EC) from the Hoge Raad
court between Ingmar GB Ltd and Eaton Leonard Technologies                 der Nederlanden (Supreme Court of the Netherlands) for a
Inc. — on the interpretation of Council Directive 86/653/EEC               preliminary ruling in the proceedings pending before that
of 18 December 1986 on the coordination of the laws of the                 court between Coreck Maritime GmbH and Handelsveem BV
Member States relating to self-employed commercial agents                  and Others — on the interpretation of the first paragraph of
(OJ 1986 L 382, p. 17) — the Court (Fifth Chamber),                        Article 17 of the abovementioned Convention of 27 September
composed of: M. Wathelet, President of the First Chamber,                  1968 (OJ 1972 L 299, p. 32), as amended by the Convention
acting as President of the Fifth Chamber, D.A.O. Edward and                of 9 October 1978 on the Accession of the Kingdom of
P. Jann (Rapporteur), Judges; P. Léger, Advocate General;                  Denmark, Ireland and the United Kingdom of Great Britain
L. Hewlett, Administrator, for the Registrar, has given a                  and Northern Ireland (OJ 1978 L 304, p. 1, and — amended
judgment on 9 November 2000, in which it has ruled:                        text — p. 77), by the Convention of 25 October 1982 on the
                                                                           Accession of the Hellenic Republic (OJ 1982 L 388, p. 1) and
                                                                           by the Convention of 26 May 1989 on the Accession of the
                                                                           Kingdom of Spain and the Portuguese Republic (OJ 1989
Articles 17 and 18 of Council Directive 86/653/EEC of 18 Decem-            L 285, p. 1) — the Court (Fifth Chamber), composed of:
ber 1986 on the coordination of the laws of the Member States              D.A.O. Edward, acting as President of the Fifth Chamber,
relating to self-employed commercial agents, which guarantee certain       P. Jann (Rapporteur) and L. Sevón, Judges; S. Alber, Advocate
rights to commercial agents after termination of agency contracts,         General; H. von Holstein, Deputy Registrar, for the Registrar,
must be applied where the commercial agent carried on his activity in      has given a judgment on 9 November 2000, in which it has
a Member State although the principal is established in a non-             ruled:
member country and a clause of the contract stipulates that the
contract is to be governed by the law of that country.
                                                                           The first paragraph of Article 17 of the Convention of 27 September
                                                                           1968 on Jurisdiction and the Enforcement of Judgments in Civil and
                                                                           Commercial Matters, as amended by the Convention of 9 October
(1) OJ C 397 of 19.12.1998.                                                1978 on the Accession of the Kingdom of Denmark, Ireland and the
                                                                           United Kingdom of Great Britain and Northern Ireland, by the
                                                                           Convention of 25 October 1982 on the Accession of the Hellenic
                                                                           Republic and by the Convention of 26 May 1989 on the Accession
                                                                           of the Kingdom of Spain and the Portuguese Republic, must be
                                                                           interpreted as follows:
 ---pagebreak--- 27.1.2001                 EN                        Official Journal of the European Communities                                                C 28/5
1.    It does not require that a jurisdiction clause be formulated in          Council of 14 June 1971 on the application of social security
      such a way that the competent court can be determined on its             schemes to employed persons, to self-employed persons and
      wording alone. It is sufficient that the clause state the objective      to members of their families moving within the Community,
      factors on the basis of which the parties have agreed to choose          as amended and updated by Council Regulation (EEC)
      a court or the courts to which they wish to submit disputes              No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6) and
      which have arisen or which may arise between them. Those                 amended by Council Regulation (EEC) No 2332/89 of 18 July
      factors, which must be sufficiently precise to enable the court          1989 (OJ 1989 L 224, p. 1) — the Court (Sixth Chamber),
      seised to ascertain whether it has jurisdiction, may, where              composed of: C. Gulmann, President of the Chamber,
      appropriate, be determined by the particular circumstances of            V. Skouris, J.-P. Puissochet (Rapporteur), R. Schintgen and
      the case.                                                                F. Macken, Judges; J. Mischo, Advocate General; R. Grass,
                                                                               Registrar, has given a judgment on 9 November 2000, in
2.    It applies only if, first, at least one of the parties to the original   which it has ruled:
      contract is domiciled in a Contracting State and, secondly, the
      parties agree to submit any disputes before a court or the courts        Articles 6 and 7 of Regulation (EEC) No 1408/71 of the Council
      of a Contracting State.                                                  of 14 June 1971 on the application of social security schemes to
                                                                               employed persons, to self-employed persons and to members of their
3.    A jurisdiction clause agreed between a carrier and a shipper             families moving within the Community, as amended and updated by
      which appears in a bill of lading is enforceable against a third         Council Regulation (EEC) No 2001/83 of 2 June 1983 and
      party bearer of the bill of lading if he succeeded to the rights         amended by Council Regulation (EEC) No 2332/89 of 18 July
      and obligations of the shipper under the applicable national             1989, do not preclude application of provisions of an inter-State
      law when he acquired the bill of lading. If he did not, it must          convention on unemployment insurance which are more advantageous
      be ascertained whether he accepted that clause having regard to          for the insured, provided that the latter exercised his right to freedom
      the requirements laid down in the first paragraph of Article 17          of movement before the date of entry into force of that regulation,
      of the Convention, as amended.                                           even if, as a result of the reference period prescribed by the national
                                                                               legislation applicable to determination of the insured’s entitlement, it
(1) OJ C 397 of 19.12.1998.                                                    is not possible for him to claim a right to benefits based entirely on
                                                                               the period prior to that date.
                                                                               (1) OJ C 121 of 1.5.1999.
                  JUDGMENT OF THE COURT
                            (Sixth Chamber)
                                                                                                 JUDGMENT OF THE COURT
                        of 9 November 2000
                                                                                                          (Fifth Chamber)
in Case C-75/99 (reference for a preliminary ruling from
the Bundessozialgericht): Edmund Thelen v Bundesanstalt                                                of 9 November 2000
                               für Arbeit (1)
                                                                               in Case C-126/99 (reference for a preliminary ruling
(Social security — Articles 6 and 7 of Regulation (EEC)                        from the Pretore di Torino): Roberto Vitari v European
No 1408/71 — Applicability of a convention between                                                    Training Foundation (1)
          Member States on unemployment insurance)
                                                                               (Local staff — Article 79 of the Conditions of Employment
                             (2001/C 28/08)                                    of other Servants — Fixed-term contract of employment —
                                                                               Conversion into contract for an indefinite period — Whether
                                                                                             or not national legislation applicable)
                    (Language of the case: German)
                                                                                                           (2001/C 28/09)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                                  (Language of the case: Italian)
In Case C-75/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Bundessozialge-                    (Provisional translation; the definitive translation will be published
richt (Federal Social Court), Germany, for a preliminary ruling                                    in the European Court Reports)
in the proceedings pending before that court between Edmund
Thelen and Bundesanstalt für Arbeit — on the interpretation                    In Case C-126/99: reference to the Court under Article 177 of
of Articles 6 and 7 of Regulation (EEC) No 1408/71 of the                      the EC Treaty (now Article 234 EC) from the Pretore di Torino