Bernard Denilauler v SNC Couchet Frères.

• Jurisdiction: European Union
• Celex Number: 61979CJ0125
• ECLI: ECLI:EU:C:1980:130
• Docket Number: 125/79
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Date: 21 May 1980

Avis juridique important

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61979J0125

Judgment of the Court of 21 May 1980. - Bernard Denilauler v SNC Couchet Frères. - Reference for a preliminary ruling: Oberlandesgericht Frankfurt am Main - Germany. - Convention on Jurisdiction - Provisional measures authorized in the absence of one party. - Case 125/79.

European Court reports 1980 Page 01553
Greek special edition Page 00149
Swedish special edition Page 00197
Finnish special edition Page 00201
Spanish special edition Page 00525

Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part

Keywords

1 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - PROVISIONS OF TITLE II ( JURISDICTION ) AND TITLE III ( RECOGNITION AND ENFORCEMENT ) - OBSERVANCE OF RIGHTS OF THE DEFENCE - CONSEQUENCES - DECISIONS WITH WHICH THE CONVENTION IS CONCERNED - DECISIONS CAPABLE OF BEING THE SUBJECT OF AN INQUIRY IN ADVERSARY PROCEEDINGS IN THE STATE OF ORIGIN

( CONVENTION OF 27 SEPTEMBER 1968 , TITLES II AND III )

2 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - RECOGNITION AND ENFORCEMENT OF JUDGMENTS - DECISIONS AUTHORIZING PROVISIONAL OR PROTECTIVE MEASURES - EXCLUSION FROM THE PROCEDURE PROVIDED FOR BY TITLE III - CONDITIONS

( CONVENTION OF 27 SEPTEMBER 1968 , TITLE III )

Summary

1 . ALL THE PROVISIONS OF THE CONVENTION , BOTH THOSE CONTAINED IN TITLE II ON JURISDICTION AND THOSE CONTAINED IN TITLE III ON RECOGNITION AND ENFORCEMENT , EXPRESS THE INTENTION TO ENSURE THAT , WITHIN THE SCOPE OF THE OBJECTIVES OF THE CONVENTION , PROCEEDINGS LEADING TO THE DELIVERY OF JUDICIAL DECISIONS TAKE PLACE IN SUCH A WAY THAT THE RIGHTS OF THE DEFENCE ARE OBSERVED . IT IS BECAUSE OF THE GUARANTEES GIVEN TO THE DEFENDANT IN THE ORIGINAL PROCEEDINGS THAT THE CONVENTION , IN TITLE III , IS VERY LIBERAL IN REGARD TO RECOGNITION AND ENFORCEMENT . IN THE LIGHT OF THESE CONSIDERATIONS IT IS CLEAR THAT THE CONVENTION IS FUNDAMENTALLY CON- CERNED WITH JUDICIAL DECISIONS WHICH , BEFORE THE RECOGNITION AND EN- FORCEMENT OF THEM ARE SOUGHT IN A STATE OTHER THAN THE STATE OF ORIGIN , HAVE BEEN , OR HAVE BEEN CAPABLE OF BEING , THE SUBJECT IN THAT STATE OF ORIGIN AND UNDER VARIOUS PROCEDURES , OF AN INQUIRY IN ADVERSARY PROCEEDINGS .

2 . THE CONDITIONS IMPOSED BY TITLE III OF THE CONVENTION ON THE RECOGNITION AND THE ENFORCEMENT OF JUDICIAL DECISIONS ARE NOT FULFILLED IN THE CASE OF PROVISIONAL OR PROTECTIVE MEASURES WHICH ARE ORDERED OR AUTHORIZED BY A COURT WITHOUT THE PARTY AGAINST WHOM THEY ARE DIRECTED HAVING BEEN SUMMONED TO APPEAR AND WHICH ARE INTENDED TO BE ENFORCED WITHOUT PRIOR SERVICE ON THAT PARTY . IT FOLLOWS THAT THIS TYPE OF JUDICIAL DECISION IS NOT COVERED BY THE SYSTEM OF RECOGNITION AND ENFORCEMENT PROVIDED FOR BY TITLE III OF THE CONVENTION .

Parties

IN CASE 125/79

REFERENCE TO THE COURT UNDER THE PROTOCOL OF 3 JUNE 1971 ON THE INTERPRETATION BY THE COURT OF JUSTICE OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS BY THE OBERLANDESGERICHT ( HIGHER REGIONAL COURT ) FRANKFURT AM MAIN , FOR A PRELIMINARY RULING IN PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN

BERNARD DENILAULER , 26 SPESSARTSTRASSE , 6204 TAUNUSSTEIN 2

DEFENDANT AND APPELLANT ,

AND

S.N.C . COUCHET FRERES , ANDREZIEUX-BOUTHEON ( FRANCE )

PLAINTIFF AND RESPONDENT ,

Subject of the case

ON THE INTERPRETATION OF ARTICLES 24 , 27 , 34 , 36 , 46 AND 47 OF THE CONVENTION OF 27 SEPTEMBER 1968 ( OFFICIAL JOURNAL 1978 , L 304 , P . 36 ),

Grounds

1 BY AN ORDER OF 25 JULY 1979 RECEIVED AT THE COURT ON 6 AUGUST 1979 THE OBERLANDESGERICHT ( HIGHER REGIONAL COURT ) FRANKFURT AM MAIN REFERRED TO THE COURT UNDER THE PROTOCOL ON THE INTERPRETATION BY THE COURT OF JUSTICE OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS ( HEREINAFTER REFERRED TO AS THE CONVENTION ) ( OFFICIAL JOURNAL 1978 , L 304 , P . 36 ) FOUR QUESTIONS RELATING TO THE INTERPRETATION OF ARTICLES 24 , 27 ( 2 ), THE SECOND PARAGRAPH OF ARTICLE 34 , THE FIRST PARAGRAPH OF ARTICLES 36 AND ARTICLES 46 ( 2 ) AND 47 ( 1 ) OF THE CONVENTION .

2 IN 1978 A DISPUTE BETWEEN A CREDITOR , COUCHET FRERES , AND ITS DEBTOR , DENILAULER , WAS BROUGHT BEFORE THE TRIBUNAL DE GRANDE INSTANCE ( REGIONAL COURT ), MONTBRISON ( FRANCE ). ON 7 FEBRUARY 1979 THE PRESIDENT OF THAT COURT , EXERCISING THE POWERS CONFERRED ON HIM BY ARTICLE 48 OF THE FRENCH CODE OF CIVIL PROCEDURE AT THE REQUEST OF THE CREDITOR AND WITHOUT THE OTHER PARTY ' S HAVING BEEN SUMMONED TO APPEAR...