CELEX: C2002/233/19
Language: en
Date: 2002-09-28 00:00:00
Title: Case C-199/02: Action brought on 29 May 2002 by the European Parliament against Chubb Insurance Company of Europe SA, Commercial General Norwich Union and Royal Sun Alliance Belgium

C 233/12                 EN                      Official Journal of the European Communities                                  28.9.2002
                     ORDER OF THE COURT                                     Action brought on 29 May 2002 by the European Parlia-
                                                                            ment against Chubb Insurance Company of Europe SA,
                                                                            Commercial General Norwich Union and Royal Sun
                           (First Chamber)                                                         Alliance Belgium
                                                                                                    (Case C-199/02)
                           of 14 June 2002
                                                                                                    (2002/C 233/19)
in Case C-248/01 (reference for a preliminary ruling from
the Landesgericht Feldkirch): Hermann Pfanner Getränke
GmbH and Others, Getränkebetrieb GmbH and Others (1)                        An action against Chubb Insurance Company of Europe SA,
                                                                            Commercial General Norwich Union and Royal Sun Alliance
                                                                            Belgium was brought before the Court of Justice of the
(Article 92(1) of the Rules of Procedure — Reference for a                  European Communities on 29 May 2002 by the European
preliminary ruling — Disclosure of annual accounts and                      Parliament, represented by D. Petersheim and O. Caisou-
annual report — Maintenance of a register of companies —                    Rousseau, acting as Agents, with an address for service in
                 Lack of jurisdiction of the Court)                         Luxembourg.
                                                                            The European Parliament claims that the Court should:
                           (2002/C 233/18)
                                                                            1.    order the defendants to reimburse the European Parlia-
                                                                                  ment the costs of repairing the storm damage caused to
                    (Language of the case: German)                                its Alucobond panels on 26 December 1999, amounting
                                                                                  to EUR 1 194 378,43 together with interest on account
                                                                                  of late payment;
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                          2.    order Chubb to reimburse the European Parliament
                                                                                  expert’s fees amounting to EUR 2 200,64 together with
                                                                                  interest on account of late payment;
                                                                            3.    order the defendants to pay the costs.
In Case C-248/01: reference to the Court under Article 234 EC
from the Landesgericht Feldkirch (Regional Court, Feldkirch)
(Austria), for a preliminary ruling in proceedings before that              Pleas in law and main arguments
Landesgericht brought by Hermann Pfanner Getränke GmbH
and Others and Getränkebetrieb GmbH and Others on the
validity and interpretation of the First Council Directive 68/              The action is brought on the basis of an arbitration clause.
151/EEC of 9 March 1968 on co-ordination of safeguards                      The applicant takes the view that the defendant insurance
which, for the protection of the interests of members and                   companies are not entitled to rely upon an exclusion clause
others, are required by Member States of companies within the               set out under the heading ‘storms and hailstorms’ in the
meaning of the second paragraph of Article 58 of the Treaty,                supplementary general conditions of the contract of insurance.
with a view to making such safeguards equivalent throughout
the Community (OJ, English Special Edition 1968 (I), p. 41)
and of the Fourth Council Directive 78/660/EEC of 25 July
1978 based on Article 54(3)(g) of the Treaty on the annual
accounts of certain types of companies (OJ 1978 L 222, p. 11)
— the Court (First Chamber), composed of: P. Jann, President
of the Chamber, M. Wathelet (Rapporteur) and A. Rosas,                      Reference for a preliminary ruling by the VAT and Duties
Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,               Tribunals, London Tribunal Centre, by direction of that
made an order on 14 June 2002, in which it ruled:                           court dated 27 June 2002, in the case of Halifax plc, Leeds
                                                                            Permanent Development Services Ltd, County Wide
                                                                            Property Investments Ltd against Commissioners of Cus-
The Court of Justice of the European Communities clearly has no                                    toms and Excise
jurisdiction to answer the questions put by the Landesgericht Feldkirch
in its order of 22 June 2001.                                                                       (Case C-255/02)
                                                                                                    (2002/C 233/20)
( 1) OJ C 289 of 13.10.2001.
                                                                            Reference has been made to the Court of Justice of the
                                                                            European Communities by a direction of the VAT and Duties