Digest of case-law relating to the European Communities

Court Of Justice Of The European Union

Description

D series : Convention of 27 September 1968
Community secondary legislation
Information - Documentation

Sujets

• Directory
• European Union law
• Court of Justice of the European Union

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• Publié par: COURT-OF-JUSTICE-OF-THE-EUROPEAN-UNION
• Nombre de lectures: 9
• Langue: English
• Poids de l'ouvrage: 8 Mo

Extrait

COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES
Digest of case-law
relating to the
European Communities
D Series
CONVENTION OF 27 SEPTEMBER 1968 ÇVRiAW COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES
Digest
of case-law relating
to the European Communities
D SERIES
Judgments of the Court of Justice of the European Communi­
ties and selected decisions of courts of Member States on the
Convention of 27 September 1968 on Jurisdiction and the
Enforcement of Judgments in Civil and Commercial Matters
Issue 1 — February 1981
Cases before the Court of Justice of the European Communities 1976—1979
Cases courts of Member States 1973—1978 Compiler of Issue 1 : Dr iur Christian Kohler, Principal Administrator at the Court of
Justice of the European Communities.
Issue I was compiled in German and translated into English by David Keeling, of
Gray's Inn, Barrister, and Ronald Mackay, Advocate, of the Scots Bar, both officials
of the Court of Justice of the European Communities.
This publication is also available in the following languages:
DA ISBN 92-829-0037-1
DEN 92-829-0038-X
GR ISBN 92-829-0049-5
FRN 92-829-0040-1
IT ISBN 92-829-0041-X
NLN 92-829-0042-8
Cataloguing data can be found at the end of this publication
Luxembourg: Office for Official Publications of the European Communities, 1981
ISBN 92-829-0039-8
Complete edition (A to D series): ISBN 92-829-0033-9
Catalogue number: DX-29-79-627-EN-C
© Court of Justice of the European Communities, 1981
Printed in the FR of Germany Introduction to the Digest
The purpose of the "Digest of case-law relating to the European Communities"
is to facilitate access to the judicial decisions in that field and thereby help
towards a better understanding of Community law. It is hoped that the Digest
will create conditions which will permit greater co-operation between the courts
of Member States and the Court of Justice and thus further the effective and
uniform application of Community law. The publication of the Digest by the
Court of Justice is in accordance with a declaration of 9 October 1978 in which
the Council (Ministers of Justice) expressed a desire for such a work to be produ­
ced as a practical aid. At the same time the Court of Justice is following the
example of other supreme courts in the Member States.
By means of the Digest the entire case-law of the Court of Justice of the Euro­
pean Communities, together with selected decisions of courts of Member States,
will be made accessible in a systematic way. It is thus a successor to the "Com­
pendium of case-law relating to the European Communities" compiled by H. J.
Eversen and H. Speri and continued until 1976.' It is intended that the cases
covered by that commendable publication will at a later stage also be incorpora­
ted into the Digest.
The Digest will appear in four series arranged in loose-leaf form. The following
series are in preparation:
A: Case-law of the Court of Justice of the European Communities, excluding
decisions covered by the C and D series,
B: Decisions of courts of Member States, excluding decisions covered by the D
series, and
C: Cases concerning officials of the European Communities.
English edition (in conjunction with J. A. Usher) 1973 — 1976. North-Holland Publishing Com­
pany — Amsterdam.
French edition under the title "Repertoire de la Jurisprudence relative aux Traités instituant les
Communautés Européenes". Première série 1953—1972. Deuxième série 1973 — 1976.
Carl Heymanns Verlag — Cologne.
German edition under the title "Europäische Rechtsprechung". Erste Folge 1953 — 1972. Zweite
Folge 1973-1976.
Carl Heymanns Verlag — Cologne. The D series, here presented, contains the case-law on the Convention of 27 Sep­
tember 1968 on jurisdiction and the enforcement of judgments in civil and com­
mercial matters.
Editorial responsibility for the Digest is borne by the Library and Documenta­
tion Directorate of the Court of Justice.
Luxembourg, October 1980
HANS KUTSCHER
President of the Court of Justice
of the European Communities Preface
I. The D Series of the Digest replaces the "Synopsis of case-law" on the Convention of
27 September 1968 on jurisdiction and the enforcement of judgments in civil and com­
mercial matters,1 hitherto published by the Documentation Branch of the Court of
Justice. Parts 1 to 3 of the Synopsis (1977—1979) have been incorporated into the pre­
sent work. The D Series includes the judgments pronounced by the Court of Justice of
the European Communities on the basis of the Protocol of 3 June 1971 on the interpre­
tation of the Convention,2 together with selected decisions of courts of Member States.
It will thus help to achieve the exchange of information agreed on in a "joint declara­
tion",3 on the occasion of the signing of the Protocol of 3 June 1971. Consideration is
given, not only to decisions of the superior courts of the Contracting States, but also to
decisions of lower courts.4 The intention is to convey as comprehensive and balanced
an impression of the actual application of the Convention as is possible; in this way it
is hoped to provide the courts authorized to request preliminary rulings under the Pro­
tocol on interpretation and other authorities in the Contracting States with information
which will assist them in the exercise of their powers. In selecting material for inclusion
in the D Series (a task made necessary by the volume of case-law on the Convention),
those decisions in which the application of the Convention presented no problems
were in principle omitted. Exceptions were made only for the first cases decided after
the Convention's coming into force. Additional information on the case-law relating to
the Convention is contained in a comprehensive card-index maintained by the Docu­
mentation Branch of the Court of Justice. It is available to interested users.
II. 1. Part One of the D Series contains summaries of the decisions considered5
Official Journal L 304 of 30 October 1978, p. 36. As between the six founder Member States of
the European Economic Community, the Convention came into force on 1 February 1973. A
Convention on the accession of Denmark, Ireland and the United Kingdom to the Convention of
27 September 1968 and to the Protocol of 3 June 1971 was signed on 9 October 1978 (Official
Journal L 304 of 30 October 1978, p. 1). That Convention, which contains a number of amend­
ments to the Convention of 1968 and to the Protocol of 1971, has not yet come into force.
Official Journal L 204 of 2 August 1975, p. 28, in force as between the six founder Member States
since 1 September 1975.
Official Journal L 204 of 2 August 1975, p. 32.
Decisions from Member States which are not yet parties to the Convention have been reported in
some instances.
Where from the available information it appears that those decisions have already been pub­<
lished, that fact is acknowledged. The method of citation generally follows the appropriate
national practice. The structure of this part follows that of the Convention and the Protocols. There is a
subdivision in respect of each article. Its reference number contains a Roman numeral
and one or more Arabic numerals:
(a) The Roman numeral indicates the Convention or Protocol to which the article in
question belongs:
the number I refers to the Convention of 27 September 1968;
ther II refers to the Protocol to the Convention;
the number III to the Protocol of 3 June 1971 on the interpretation of the Conven­
tion.
(b) The first Arabic numeral corresponds to the number of the article in question.
Example: I— 1 = Convention of 1968, Article 1.
(c) Where an article is divided into several paragraphs (numbered or otherwise) and
the number of decisions included justifies it, the group of cases is further subdivi­
ded by additional Arabic numerals.
Example: I—5.5 = Convention of 1968, Article 5 (5)
1—17.1.1 =n of 1968, First paragraph of Article 17, Gene­
ral.
(d) Cases on general questions or on several articles appear before the cases on indivi­
dual articles under a reference number which contains a zero.
Examples: I—0 = Convention of 1968, General
1—25.0n of 1968, Title III — Recognition and enfor­
cement (Articles 25 to 49), General.
Within these groups of cases the judgments of the Court of Justice of the European
Communities are arranged under the letter A, whilst decisions of courts of Member
States appear under the letter B.
Example: I—1.2—A 2 = Convention of 1968, second paragraph of Article 1,
judgments of the Court of Justice of the European
Communities, second of the cases included.
Each case is arranged under one article only. By means of cross-references the user is
referred to other cases which are relevant to the article in question.
2. Part Two contains extracts in the original language from the decisions of courts of
Member States which are summarized in Part One (but not cases which are merely
mentioned in the footnotes). These extracts are arranged in chronolo