Avis juridique important

61963S0064

European Court reports French edition Page 00095 Dutch edition Page 00099 German edition Page 00103 Italian edition Page 00093 English special edition Page 00047

Parties

++++ IN CASE 64/63

Subject of the case

APPLICATION FOR AUTHORIZATION TO ENFORCE A GARNISHEE ORDER AGAINST THE EUROPEAN ECONOMIC COMMUNITY;

Grounds

WHEREAS BY A JUDGMENT OF 4 DECEMBER 1962 THE TRIBUNAL DE PREMIERE INSTANCE, BRUSSELS, CONFIRMED THE GARNISHEE ORDER ISSUED ON THE APPLICATION OF JENNY POTVIN, A BELGIAN SUBJECT OF NO GAINFUL OCCUPATION, RESIDING AT 26 AVENUE PREKELINDEN, WOLUWE-SAINT-LAMBERT ( BRUSSELS ), AGAINST MAURICE VAN DE VELDE, A BELGIAN SUBJECT AND A SERVANT OF THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY, BY VIRTUE OF A JUDGMENT GIVEN ON 18 JANUARY 1961 BY THE JUGE DE PAIX OF SAINT-JOSSE-TEN-NOODE, AND AUTHORIZED MRS POTVIN TO GARNISHEE SUMS IN THE HANDS OF THE EUROPEAN ECONOMIC COMMUNITY WHICH THE SAID COMMUNITY ADMITS TO OWING OR MAY BE ADJUDGED TO OWE TO MR VAN DE VELDE;

WHEREAS BY AN APPLICATION LODGED ON 27 MAY 1963 MRS POTVIN, REPRESENTED BY PIERRE OLIVIERS, ADVOCATE OF THE COUR D'APPEL, BRUSSELS, HAS REQUESTED THE AUTHORIZATION OF THE COURT, IN ACCORDANCE WITH ARTICLE 1 OF THE PROTOCOL ON PRIVILEGES AND IMMUNITIES ANNEXED TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, TO SERVE ON THAT COMMUNITY THE GARNISHEE ORDER GRANTED BY THE BELGIAN COURT;

WHEREAS NEITHER THE STATEMENTS OF THE PARTIES NOR THE FINDINGS OF THE COURT OFFER GROUNDS FOR REFUSAL OF THE AUTHORIZATION SOUGHT :

UPON READING THE PLEADINGS;

UPON READING THE WRITTEN OBSERVATIONS OF THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY;

UPON HEARING THE OPINION OF THE ADVOCATE - GENERAL;

HAVING REGARD TO ARTICLE 1 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN ECONOMIC COMMUNITY;

Operative part

THE COURT HEREBY :

AUTHORIZES MRS POTVIN TO ENFORCE THE SAID GARNISHEE ORDER AGAINST THE EUROPEAN ECONOMIC COMMUNITY IN RESPECT OF THE AMOUNT OF HER CLAIM AGAINST MR VAN DE VELDE.