Hengst Import BV contra Anna Maria Campese.

• Jurisdiction: European Union
• Celex Number: 61993CJ0474
• ECLI: ECLI:EU:C:1995:243
• Date: 13 July 1995
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Docket Number: C-474/93

Judgment of the Court (Third Chamber) of 13 July 1995. - Hengst Import BV v Anna Maria Campese. - Reference for a preliminary ruling: Arrondissementsrechtbank Zwolle - Netherlands. - Brussels Convention - Article 27 (2) - Concept of document instituting the proceedings or equivalent document. - Case C-474/93.

European Court reports 1995 Page I-02113

Summary Parties Grounds Decision on costs Operative part

Keywords

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Convention on Jurisdiction and the Enforcement of Judgments ° Recognition and enforcement ° Grounds for refusal ° Failure duly and timeously to serve the document instituting the proceedings on the absent defendant ° Concept of document instituting the proceedings or equivalent document ° Document enabling the defendant to assert his rights before an enforceable judgment is given ° Order for payment under Italian law served jointly with the plaintiff' s application ° Included

(Convention of 27 September 1968, Art. 27(2))

Summary

The term "document instituting the proceedings or equivalent document" within the meaning of Article 27(2) 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 1978 on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, means the document or documents which must be duly and timeously served on the defendant in order to enable him to assert his rights before an enforceable judgment is given in the State of origin. The decreto ingiuntivo within the meaning of Book IV of the Italian Code of Civil Procedure (Articles 633 to 656), together with the application instituting the proceedings, must therefore be regarded as "the document which instituted proceedings or ... an equivalent document" within the meaning of that provision, since their joint service starts time running for the defendant to oppose the order and since the plaintiff cannot obtain an enforceable order before the expiry of that time-limit.

Parties

In Case C-474/93,

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 Arrondissementsrechtbank te Zwolle (Netherlands) for a preliminary ruling in the proceedings pending before that court between

Hengst Import BV

and

Anna Maria Campese

on the interpretation of Article 27(2) of the abovementioned Convention of 27 September 1968 (OJ 1978 L 304, p. 36) 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 (OJ 1978 L 304, p. 1 and ° amended text ° p. 77),

THE COURT (Third Chamber),

composed of: C. Gulmann, President of the Chamber, J.C. Moitinho de Almeida (Rapporteur) and D.A.O. Edward, Judges,

Advocate General: F.G. Jacobs,

Registrar: R. Grass,

after considering the written observations submitted on behalf of:

° Hengst Import BV, by H.F. Hoogeveen, of the Zwolle Bar,

° Mrs Campese, by A.A. Renken, of the Zwolle Bar,

° the Italian Government, by Professor U. Leanza, Head of the Department for Legal Affairs of the Ministry of Foreign Affairs, assisted by O. Fiumara, Avvocato dello Stato, acting as Agent,

° the Commission of the European Communities, by P. van Nuffel, of the Legal Service, acting as Agent,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 4 May 1995,

gives the following

Judgment

Grounds

1 By order of 15 December 1993, received at the Court on 20 December 1993, the Arrondissementsrechtbank te Zwolle (Zwolle District Court) referred to the Court for a preliminary ruling 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...