CELEX: C1999/226/11
Language: en
Date: 1999-08-07 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 17 June 1999 in Case C-260/97 (reference for a preliminary ruling from the Bundesgerichtshof): Unibank A/S v Flemming G. Christensen (Brussels Convention - Interpretation of Article 50 - Meaning of 'document which has been formally drawn up or registered as an authentic instrument and is enforceable in one Contracting State' - Document drawn up without any involvement of a public officer - Articles 32 and 36)

7.8.1999                  EN                     Official Journal of the European Communities                                            C 226/7
— either vehicles in the 15-16 CV tax band cannot be regarded as            (OJ 1982 L 388, p. 1) — the Court (Fifth Chamber), composed
     similar, for the purposes of that provision, to vehicles in the tax    of J.-P. Puissochet, President of the Chamber, J.C. Moitinho de
     bands above 18 CV and, more particularly, to vehicles in tax           Almeida, D.A.O. Edward (Rapporteur), L. Sevón and M. Wa-
     bands 23 CV and above, such as that of the plaintiff in the main       thelet, Judges; A. La Pergola, Advocate General; R. Grass,
     proceedings,                                                           Registrar, has given a judgment on 17 June 1999, in which it
                                                                            has ruled:
— or some of the vehicles in the 15-16 CV tax band may be
     regarded as products similar to vehicles in tax bands above 18
     CV and, more particularly, those in tax bands 23 CV and above,         An acknowledgement of indebtedness enforceable under the law of
     but, within the range of imported vehicles in the 15-16 CV             the State of origin whose authenticity has not been established by a
     band, consumers have a choice such that the increase in the            public authority or other authority empowered for that purpose by
     progression co-efficient between the 15-16 CU band and the             that State does not constitute an authentic instrument within the
     bands above 18 CV and, more particularly, tax band 23 CV               meaning of Article 50 of the Convention of 27 September 1968 on
     and above, is not of a nature such as to favour the sale of vehicles   jurisdiction and the enforcement of judgments in civil and commercial
     of domestic manufacture.                                               matters, as amended by the Convention of 9 October 1978 on the
                                                                            accession of the Kingdom of Denmark, Ireland and the United
                                                                            Kingdom of Great Britain and Northern Ireland and by the
(1) OJ C 41 of 7.2.1998.                                                    Convention of 25 October 1982 on the accession of the Hellenic
                                                                            Republic.
                                                                            (1) OJ C 295 of 27.9.1997.
                   JUDGMENT OF THE COURT
                            (Fifth Chamber)
                            of 17 June 1999                                                   JUDGMENT OF THE COURT
in Case C-260/97 (reference for a preliminary ruling from                                              (Fifth Chamber)
the Bundesgerichtshof): Unibank A/S v Flemming G.
                             Christensen (1)                                                           of 17 June 1999
(Brussels Convention — Interpretation of Article 50 —
Meaning of ‘document which has been formally drawn up or                    in Case C-295/97 (reference for a preliminary ruling
registered as an authentic instrument and is enforceable in                 from the Tribunale di Genova): Industrie Aeronautiche e
one Contracting State’ — Document drawn up without any                      Meccaniche Rinaldo Piaggio SpA v International Factors
    involvement of a public officer — Articles 32 and 36)                   Italia SpA (Ifitalia), Dornier Luftfahrt GmbH, Ministero
                                                                                                        della Difesa (1)
                            (1999/C 226/11)
                                                                            (State aid — Article 92 of the EC Treaty (now, after
                                                                            amendment, Article 87 EC) — New aid — Prior notification)
                    (Language of the case: German)
                                                                                                       (1999/C 226/12)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)                                              (Language of the case: Italian)
In Case C-260/97: reference to the Court under the Protocol
of 3 June 1971 on the interpretation by the Court of Justice of             (Provisional translation; the definitive translation will be published
the Convention of 27 September 1968 on jurisdiction and the                                     in the European Court Reports)
enforcement of judgments in civil and commercial masters, by
the Bundesgerichtshof (Germany), for a preliminary ruling in
the proceedings pending before that court between Unibank                   In Case C-295/97: reference to the Court under Article 234
A/S and Flemming G. Christensen on the interpretation of                    EC (ex Article 177) by the Tribunale di Genova (Italy) for a
Articles 32, 36 and 50 of the abovementioned Convention of                  preliminary ruling in the proceedings pending before that
27 September 1968 (OJ 1972 L 299, p. 32), as amended by                     court between Industrie Aeronautiche e Meccaniche Rinaldo
the Convention of 9 October 1978 on the accession of the                    Piaggio SpA and International Factors Italia SpA (Ifitalia),
Kingdom of Denmark, Ireland and the United Kingdom of                       Dornier Luftfahrt GmbH, Ministero della Difesa — on the
Great Britain and Northern Ireland (OJ 1978 L 304, p. 1 and                 interpretation of Article 92 of the EC Treaty (now, after
— amended text — p. 77) and by the Convention of                            amendment, Article 87 EC) — the Court (Fifth Chamber),
25 October 1982 on the accession of the Hellenic Republic                   composed of J.-P. Puissochet, President of the Chamber,