Avis juridique important

61987S0001

European Court reports 1987 Page 02807

Summary

PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES - APPLICATION FOR AUTHORIZATION TO SERVE A GARNISHEE ORDER ON AN INSTITUTION - NO OBJECTIONS ON THE PART OF THE INSTITUTION CONCERNED - APPLICATION DEVOID OF PURPOSE ( PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES, ART . 1 )

IN VIEW OF THE PURPOSE OF ARTICLE 1 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES, WHICH IS TO SAFEGUARD THE COMMUNITIES, A CREDITOR WHO INTENDS TO SERVE A GARNISHEE ORDER ON A COMMUNITY INSTITUTION IS ENTITLED TO APPLY FOR AUTHORIZATION UNDER THAT ARTICLE ONLY WHERE THE INSTITUTION CONCERNED OBJECTS THAT THE ORDER WOULD INTERFERE WITH THE FUNCTIONING AND INDEPENDENCE OF THE COMMUNITIES.

Parties

IN CASE 1/87*SA APPLICATION FOR AUTHORIZATION TO SERVE A GARNISHEE ORDER UPON THE COMMISSION OF THE EUROPEAN COMMUNITIES, THE COURT COMPOSED OF : Y . GALMOT, PRESIDENT OF CHAMBER, ACTING AS PRESIDENT, C.N . KAKOURIS, T.F . O' HIGGINS AND F.A . SCHOCKWEILER, PRESIDENTS OF CHAMBERS, G . BOSCO, T . KOOPMANS, O . DUE, U . EVERLING, K . BAHLMANN, R . JOLIET AND J.C . MOITINHO DE ALMEIDA, JUDGES, ADVOCATE GENERAL : J . L . DA CRUZ VILACA REGISTRAR : P . HEIM MAKES THE FOLLOWING ORDER

Grounds

1 BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 16 FEBRUARY 1987, UNIVERSE TANKSHIP COMPANY INCORPORATED, A COMPANY GOVERNED BY LIBERIAN LAW, WHOSE REGISTERED OFFICE IS AT KING HOUSE, BROAD STREET, MONROVIA, LIBERIA, ASSISTED AND REPRESENTED BY R . O . DALCQ, OF THE BRUSSELS BAR, 56 AVENUE F . ROOSEVELT, 1050 BRUSSELS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF J . LOESCH, 8 RUE ZITHE, APPLIED, PURSUANT TO ARTICLE 1 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES, FOR AUTHORIZATION TO SERVE A GARNISHEE ORDER UPON THE COMMISSION IN RESPECT OF ALL SUMS OWED BY THE COMMISSION TO THE BELGIAN STATE FOR ANY REASON WHATSOEVER AND IN PARTICULAR IN RESPECT OF RENT.

2 UNDER ARTICLE 1 OF THE PROTOCOL ON THE PRIVILIGES 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 OF JUSTICE ". THE PURPOSE OF THAT PROVISION IS TO PREVENT ANY INTERFERENCE WITH THE FUNCTIONING AND INDEPENDENCE OF THE COMMUNITIES.

3 SINCE THE COURT' S AUTHORIZATION FOR ADMINISTRATIVE OR LEGAL MEASURES OF CONSTRAINT TO BE TAKEN IS REQUIRED ONLY WITH A VIEW TO SAFEGUARDING THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES, THE JURISDICTION OF THE COURT MUST, WITH RESPECT TO GARNISHEE ORDERS, BE CONFINED TO CONSIDERING WHETHER SUCH MEASURES ARE LIKELY, IN VIEW OF THE EFFECTS WHICH THEY HAVE UNDER THE APPLICABLE NATIONAL LAW, TO INTERFERE WITH THE PROPER FUNCTIONING AND THE INDEPENDENCE OF THE EUROPEAN COMMUNITIES . FOR THE REST, GARNISHEE PROCEEDINGS ARE GOVERNED ENTIRELY BY THE APPLICABLE NATIONAL LAW .

4 THE EXTENT OF THE LEGAL PROTECTION PROVIDED BY THE PROCEDURE FOR AUTHORIZATION BY THE COURT WOULD BE GREATER THAN THAT WHICH THE PROCEDURE IS DESIGNED TO ENSURE IF THE INSTITUTION TO WHICH THE GARNISHEE ORDER WAS ADDRESSED DID NOT CONSIDER THAT THERE WERE ANY GROUNDS FOR OPPOSING IT .

5 CONSEQUENTLY, IT IS ONLY IN CASES WHERE THE COMMUNITY INSTITUTION CONCERNED OBJECTS THAT THE INTENDED GARNISHEE ORDER MIGHT INTERFERE WITH THE FUNCTIONING AND INDEPENDENCE OF THE COMMUNITIES THAT A CREDITOR IS ENTITLED TO APPLY TO THE COURT FOR AUTHORIZATION PURSUANT TO ARTICLE 1 OF THE SAID PROTOCOL .

6 IN THE PRESENT CASE, IN ITS OBSERVATIONS SUBMITTED TO THE COURT ON 26 FEBRUARY 1987, THE COMMISSION OF THE EUROPEAN COMMUNITIES STATED THAT IT HAD NO OBJECTIONS REGARDING THE GARNISHEE ORDER FOR WHICH THE APPLICANT SEEKS AUTHORIZATION .

7 ACCORDINGLY, AT THE PRESENT STAGE OF THE PROCEEDINGS INSTITUTED BY THE APPLICANT, THE APPLICATION FOR AUTHORIZATION IS DEVOID OF PURPOSE .

Operative part

On those grounds, THE COURT hereby orders : ( 1 ) There is no need to give a decision on the application; ( 2 ) The applicant shall bear the costs . Luxembourg, 17 June 1987 .