Keywords
Summary

Keywords

++++

1 . PRIVILEGES AND IMMUNITIES OF THE ECSC - MEASURES OF CONSTRAINT - DETERMINATION BY THE COURT - SCOPE OF ITS EXAMINATION

( ARTICLE 1, P.P.I . OF THE ECSC )

2 . PRIVILEGES AND IMMUNITIES OF THE ECSC - MEASURES OF CONSTRAINT - DETERMINATION ACCORDING TO NATIONAL LAW - GARNISHEE ORDER UNDER LUXEMBOURG LAW - CONSTRAINT WITHIN THE MEANING OF ARTICLE 1, P.P.I . OF THE ECSC

Summary

1 . WHERE AN AUTHORITY OTHER THAN ONE OF THE INSTITUTIONS OF THE COMMUNITY ORDERS THE ENFORCEMENT AGAINST THE COMMUNITY OF A DECISION WHICH ALTERS ITS LEGAL POSITION, IT IS FOR THE COURT, AS GUARDIAN OF THE IMPERATIVE INTERESTS OF THE COMMUNITY, TO ASCERTAIN WHETHER THE APPLICATION OF THE NATIONAL LEGAL PROVISIONS UPON WHICH THE DECISION AT ISSUE IS BASED CONSTITUTES A CONSTRAINT WITHIN THE MEANING OF ARTICLE 1 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COAL AND STEEL COMMUNITY .

2 . A GARNISHEE ORDER ISSUING FROM A LUXEMBOURG COURT AND AFFECTING THE PROPERTY AND ASSETS OF THE COMMUNITY IS TO BE CONSIDERED A CONSTRAINT WITHIN THE MEANING OF ARTICLE 1 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COAL AND STEEL COMMUNITY, SINCE GARNISHEE PROCEEDINGS CONSTITUTE A SINGLE LEGAL REMEDY, ALTHOUGH UNDER LUXEMBOURG LAW THIS CONSISTS OF TWO STAGES, EACH OF WHICH ALTERS THE LEGAL POSITION OF THE GARNISHEE . THE AUTHORIZATION OF THE COURT IS THEREFORE NECESSARY IN THIS CASE .