Coöperatieve Rabobank "Vecht en Plassengebied" BA contra Erik Aarnoud Minderhoud.

• Jurisdiction: European Union
• ECLI: ECLI:EU:C:1997:610
• Docket Number: C-104/96
• Celex Number: 61996CJ0104
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Date: 16 December 1997

Avis juridique important

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61996J0104

Judgment of the Court (Sixth Chamber) of 16 December 1997. - Coöperatieve Rabobank "Vecht en Plassengebied" BA v Erik Aarnoud Minderhoud. - Reference for a preliminary ruling: Hoge Raad - Netherlands. - Company law - First Directive 68/151/EEC - Scope - Representation of a company - Conflict of interests - Lack of authority of a director to enter into a binding transaction on behalf of the company. - Case C-104/96.

European Court reports 1997 Page I-07211

Parties
Grounds
Decision on costs
Operative part

Parties

In Case C-104/96,

REFERENCE to the Court under Article 177 of the EC Treaty by the Hoge Raad der Nederlanden for a preliminary ruling in the proceedings pending before that court between

Coöperatieve Rabobank `Vecht en Plassengebied' BA

and

Erik Aarnoud Minderhoud (receiver in bankruptcy of Mediasafe BV),

on the interpretation of Article 9(1) of the First Council Directive 68/151/EEC of 9 March 1968 on co-ordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community (OJ, English Special Edition 1968 (I), p. 41),

THE COURT

(Sixth Chamber),

composed of: H. Ragnemalm (Rapporteur), President of the Chamber, G.F. Mancini and P.J.G. Kapteyn, Judges,

Advocate General: A. La Pergola,

Registrar: L. Hewlett, Administrator,

after considering the written observations submitted on behalf of:

- Coöperatieve Rabobank `Vecht en Plassengebied' BA, by J.C. van Oven and A.P. Schoonbrood-Wessels, of the Hague Bar,

- the Spanish Government, by R. Silva de Lapuerta, Abogado del Estado, acting as Agent,

- the Finnish Government, by H. Rotkirch, Head of the Legal Department in the Ministry of Foreign Affairs, acting as Agent,

- the Swedish Government, by L. Nordling, Rättschef in the Department of Foreign Trade of the Ministry of Foreign Affairs, acting as Agent, and

- the Commission of the European Communities, by A. Caeiro, Legal Adviser, and B.J. Drijber, of its Legal Department, acting as Agents,$

having regard to the Report for the Hearing,

after hearing the oral observations of Coöperatieve Rabobank `Vecht en Plassengebied' BA, represented by J.C. van Oven; of Mr Minderhoud, receiver in bankruptcy of Mediasafe BV, represented by J.J. Feenstra, of the Rotterdam Bar; of the Spanish Government, represented by R. Silva de Lapuerta; and of the Commission, represented by B.J. Drijber at the hearing on 8 January 1997,

after hearing the Opinion of the Advocate General at the sitting on 12 March 1997,

gives the following

Judgment

Grounds

1 By judgment of 22 March 1996, received at the Court on 1 April 1996, the Hoge Raad der Nederlanden (Supreme Court of the Netherlands) referred three questions to the Court for a preliminary ruling pursuant to Article 177 of the EC Treaty concerning the interpretation of Article 9(1) of the First Council Directive 68/151/EEC of 9 March 1968 on co-ordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community (OJ, English Special Edition 1968 (I), p. 41, hereinafter `the First Directive').

2 Those questions were raised in proceedings brought by the Coöperatieve Rabobank `Vecht en Plassengebied' BA (hereinafter `Rabobank'), financier of the holding company Holland Data Groep BV (hereinafter `HDG'), of five of its operating companies and of Mediasafe BV (hereinafter `Mediasafe'), against the receiver of Mediasafe on the subject of his challenge to the validity of an agreement to offset debit balances against credit balances...