Avis juridique important

61963O0085

European Court reports French edition Page 00395 Dutch edition Page 00411 German edition Page 00419 Italian edition Page 00389 English special edition Page 00195

Parties

IN CASE 85/63

APPLICATION FOR AUTHORIZATION TO NOTIFY THE EUROPEAN ECONOMIC COMMUNITY OF AN ASSIGNMENT OF SALARY;

Grounds

WHEREAS, BY AN APPLICATION DATED 16 AUGUST 1963, GRANDS MAGASINS A L'INNOVATION S.A ., OF 111 RUE NEUVE, BRUSSELS, HAS REQUESTED THE AUTHORIZATION OF THE COURT TO NOTIFY THE EUROPEAN ECONOMIC COMMUNITY OF AN ASSIGNMENT OF SALARY IN ITS FAVOUR BY MRS YVO CENCINI, NEE EDDA DANESI, AN OFFICIAL OF THE COMMISSION OF THE SAID COMMUNITY, IN VIEW OF THE FACT THAT, UNDER ARTICLE 1 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN ECONOMIC COMMUNITY, SUCH AN ASSIGNMENT, BY ITS NOTIFICATION TO THE THIRD PARTY WHOSE DEBT IS ASSIGNED WOULD CONSTITUTE A MEASURE OF CONSTRAINT AFFECTING THE PROPERTY AND ASSETS OF THE COMMUNITY;

WHEREAS, HOWEVER, UNDER ARTICLES 1689 ET SEQ . OF THE BELGIAN CIVIL CODE, WHICH IS APPLICABLE IN THIS CASE, THE OBLIGATION IS UNCHANGED BY ASSIGNMENT AND CONTINUES IN FULL IN THE PERSON OF THE DEBTOR TOGETHER WITH ALL THE OBLIGATIONS SUBSIDIARY THERETO AND ANY PLEAS WHICH MAY BE AVAILABLE BETWEEN THE DEBTOR AND THE ASSIGNOR;

WHEREAS, FOR THIS REASON, NOTIFICATION OF THE ASSIGNMENT TO THE PERSON WHOSE DEBT IS ASSIGNED CANNOT CONSTITUTE AN OBSTACLE TO THE FUNCTIONING OF THE COMMUNITY INSTITUTIONS, AND WHEREAS THEREFORE THERE ARE NO GROUNDS FOR AUTHORIZATION BY THE COURT;

WHEREAS THE APPLICATION OF THE APPLICANT SHOULD THEREFORE BE DISMISSED;

Operative part

THE COURT RULES THAT THERE ARE NO GROUNDS FOR GRANTING THE AUTHORIZATION SOUGHT;

AND ORDERS THE APPLICANT TO PAY THE COSTS OF THE PROCEEDINGS.