«(Brussels Convention – Article 5(3) – Jurisdiction in matters relating to tort, delict or quasi-delict – Place where the harmful event occurred – Measure taken by a trade union in a Contracting State against the owner of a ship registered in another Contracting State)»
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(Protocol of 3 June 1971, Art. 2)
(Brussels Convention of 27 September 1968, Art. 5(3))
(Brussels Convention of 27 September 1968, Art. 5(3))
JUDGMENT OF THE COURT (Sixth Chamber)
5 February 2004 (1)
((Brussels Convention – Article 5(3) – Jurisdiction in matters relating to tort, delict or quasi-delict – Place where the harmful event occurred – Measure taken by a trade union in a Contracting State against the owner of a ship registered in another Contracting State))
In Case C-18/02, REFERENCE to the Court under the Protocol of 3 June 1971 on the interpretation by the Court of Justice of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters by the Arbejdsret (Denmark) for a preliminary ruling in the proceedings pending before that court between Danmarks Rederiforening, acting on behalf of DFDS Torline A/S,and
LO Landsorganisationen i Sverige, acting on behalf of SEKO Sjöfolk Facket för Service och Kommunikation, on the interpretation of Article 5(3) of the abovementioned Convention of 27 September 1968 (OJ 1978 L 304, p. 36), as amended by the Convention of 9 October 1978 on the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ 1978 L 304, p. 1, and ─ amended version ─ p. 77), by the Convention of 25 October 1982 on the Accession of the Hellenic Republic (OJ 1982 L 388, p. 1), by the Convention of 26 May 1989 on the Accession of the Kingdom of Spain and the Portuguese Republic (OJ 1989 L 285, p. 1) and by the Convention of 29 November 1996 on the Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ 1997 C 15, p. 1),THE COURT (Sixth Chamber),,
after considering the written observations submitted on behalf of:
having regard to the Report for the Hearing,
after hearing the oral observations of Danmarks Rederiforening, acting on behalf of DFDS Torline A/S, represented by P. Voss, LO Landsorganisationen i Sverige, acting on behalf of SEKO Sjöfolk Facket för Service och Kommunikation, represented by S. Gärde and H. Nielsen, advokat, the Danish Government, represented by J. Molde, the Swedish Government, represented by A. Kruse, and the Commission, represented by N. Rasmussen and A.-M. Rouchaud, acting as Agent at the hearing on 20 May 2003,
after hearing the Opinion of the Advocate General at the sitting on 18 September 2003,
gives the following
On those grounds,
THE COURT (Sixth Chamber),
in answer to the questions referred to it by the Arbejdsret by order of 25 January 2002 , hereby rules:
Skouris |
Cunha Rodrigues |
Puissochet |
Schintgen |
Macken |
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R. Grass |
V. Skouris |
Registrar |
President |