Official Journal of the European Union

C 251/8

Reference for a preliminary ruling by the Oberste Gerichtshof by order of that court of 21 July 2004 in the case of Land Oberösterreich against ČEZ a.s.

(Case C-343/04)

(2004/C 251/14)

Reference has been made to the Court of Justice of the European Communities by order of the Oberste Gerichtshof of 21 July 2004 received at the Court Registry on 10 August 2004, for a preliminary ruling in the case of Land Oberösterreich against ČEZ a.s. on the following question:

Is the term ‘proceedings which have as their object rights in rem in immovable property’ in Article 16(1)(a) of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters (‘the Brussels Convention’) to be interpreted as including a (preventive) action for an injunction, pursuant to Paragraph 364(2) of the Allgemeines bürgerliches Gesetzbuch (‘the ABGB’) (the General Civil Code), prohibiting emissions from a property located in a neighbouring State — which is not a Member State of the European Union — affecting land owned by the claimant (in this case, ionising radiation emitted from a nuclear plant in the Czech Republic)?