JUDGMENT OF THE COURT

(First Chamber)

of 13 October 2005

in Case C-522/03: reference for a preliminary ruling from the Oberlandesgericht München Scania Finance France SA v Rockinger Spezialfabrik für Anhängerkupplungen GmbH & Co. (1)

(Brussels Convention - Recognition and enforcement - Grounds for refusal - Meaning of ‘duly served’)

(2005/C 296/09)

Language of the case: German

In Case C-522/03: reference for a preliminary ruling pursuant to 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, from the Oberlandesgericht München (Germany), made by decision of 31 October 2003, registered at the Court on 15 December 2003 in the proceedings pending before that court between Scania Finance France SA and Rockinger Spezialfabrik für Anhängerkupplungen GmbH & Co., — the Court (First Chamber), composed of P. Jann (Rapporteur), President of the Chamber, K. Schiemann, K. Lenaerts, E. Juhász and M. Ilešič, Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, gave a judgment on 13 October 2005, the operative part of which is as follows:

Article 27 of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, 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, by the Convention of 25 October 1982 on the Accession of the Hellenic Republic, by the Convention of 26 May 1989 on the Accession of the Kingdom of Spain and the Portuguese Republic 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, and the first paragraph of Article IV of the Protocol annexed to that convention, must be interpreted as meaning that, where a relevant international convention is applicable between the State in which the judgment is given and the State in which recognition is sought, the question whether the document instituting the proceedings was duly served must be determined in the light of the provisions of that convention, without prejudice to the use of direct transmission between public officers, where the State in which recognition is sought has not officially objected, in accordance with the second paragraph of Article IV of the Protocol.

(1)  OJ C 47, 21.02.2004.