Avis juridique important

61971S0001

European Court reports 1971 Page 00363

Parties

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IN CASE S . A . 1/71

Subject of the case

APPLICATION FOR AUTHORIZATION TO SERVE AN ATTACHMENT ORDER ON THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Grounds

1 BY APPLICATION OF 21 APRIL 1971 X, A LIMITED COMPANY, REQUESTS THE COURT FOR AUTHORIZATION TO SERVE AN ATTACHMENT ORDER IN RESPECT OF SUMS OWED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES TO MRS Z, AN OFFICIAL IN THE SERVICE OF THE COMMISSION, AS SECURITY FOR A PRINCIPAL SUM OF ... AND ... COSTS AND INTEREST, WHICH THE SAID MRS Z WAS REQUIRED TO PAY BY AN ORDER OF THE ... MAGISTRATE.

2 IT MUST FIRST BE EXAMINED WHETHER SUCH AN AUTHORIZATION IS NECESSARY.

3 UNDER ARTICLE 1 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES, THE PROPERTY AND ASSETS OF THE COMMUNITIES SHALL NOT BE THE SUBJECT OF ANY ADMINISTRATIVE OR LEGAL MEASURE OF CONSTRAINT WITHOUT THE AUTHORIZATION OF THE COURT.

4 THE AIM OF THIS PROVISION IS TO PREVENT OBSTACLES BEING PLACED IN THE WAY OF THE FUNCTIONING AND INDEPENDENCE OF THE COMMUNITIES.

5 AN ATTACHMENT ORDER CAN ONLY IN CERTAIN CIRCUMSTANCES CONSTITUTE SUCH AN OBSTACLE.

6 THE AUTHORIZATION TO SERVE AN ATTACHMENT ORDER CAN ARISE ONLY THROUGH THE EXISTENCE OF PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES TO BE TAKEN INTO CONSIDERATION IN THE COURSE OF PROCEEDINGS WHICH FOR THE REST ARE ENTIRELY DECIDED BY THE LAWS OF THE MEMBER STATES.

7 THE LEGAL PROTECTION WHICH THIS AUTHORIZATION IS INTENDED TO GIVE WOULD EXCEED ITS AIM IF A THIRD PARTY, BEING AN INSTITUTION, WHICH HAS AN ATTACHMENT ORDER SERVED UPON IT CONSIDERS THAT IT HAS NO GROUNDS FOR OPPOSING A REQUIREMENT TO PAY INTO THE HANDS OF A CREDITOR OF ONE OF ITS OFFICIALS ALL OR PART OF THE SUMS WHICH IT OWES OR WILL OWE TO THE LATTER.

8 ON THE OTHER HAND, IF THE INSTITUTION WERE OPPOSED TO BEING SERVED WITH AN ATTACHMENT ORDER OR WERE TO TAKE THE VIEW SUBSEQUENTLY THAT IT SHOULD OPPOSE THE PROCEEDINGS TO OBTAIN THE ORDER OR THE EXECUTION OF THE ORDER, IT WOULD FALL TO THE COURT TO DECIDE THE MATTER ON APPLICATION BY THE PARTIES.

9 THEREFORE IN THE PRESENT STAGE OF THE PROCEEDINGS INSTITUTED BY THE APPLICANT, THE REQUEST FOR AUTHORIZATION IS POINTLESS.

Operative part

COMPOSED OF : R . LECOURT, PRESIDENT, A . M . DONNER AND A . TRABUCCHI, PRESIDENTS OF CHAMBERS, R . MONACO, J . MERTENS DE WILMARS ( RAPPORTEUR ), P . PESCATORE AND H . KUTSCHER, JUDGES,

ADVOCATE-GENERAL : K . ROEMER

REGISTRAR : A . VAN HOUTTE

HEREBY RULES :

THERE IS NO NEED TO MAKE AN ORDER.