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Case C-291/09: Judgment of the Court (First Chamber) of 7 April 2011 (reference for a preliminary ruling from the Rechtbank van koophandel te Brussel — Belgium) — Francesco Guarnieri & Cie v Vandevelde Eddy VOF (Free movement of goods — Article 34 TFEU — Cautio judicatum solvi — Company governed by Monegasque law — First paragraph of Article 18 TFEU)
ECLI:EU:UNKNOWN:62009CA0291
62009CA0291
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28.5.2011
Official Journal of the European Union
C 160/7
(Case C-291/09) (<span class="super">1</span>)
(Free movement of goods - Article 34 TFEU - Cautio judicatum solvi - Company governed by Monegasque law - First paragraph of Article 18 TFEU)
2011/C 160/04
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Francesco Guarnieri & Cie
Defendant: Vandevelde Eddy VOF
Re:
Reference for a preliminary ruling — Rechtbank van Koophandel te Brussel — Interpretation of Articles 28 EC, 29 EC and 30 EC — Whether security for costs and damages (cautio judicatum solvi) is an infringement of Community rules in relation to the free movement of goods
Operative part of the judgment
Article 34 TFEU must be interpreted as not precluding the legislation of a Member State from requiring the provision of security pending judgment, by a claimant of Monegasque nationality which has brought proceedings before one of the civil courts of that State against a national of that State in order to obtain payment of invoices relating to the delivery of goods assimilated to Community goods, although such a requirement is not imposed on nationals of that Member State.
(<span class="note">1</span>) OJ C 267, 7.11.2009.