JUDGMENT OF 22. 2. 1979 — CASE 133/78 GOURDAIN v NADLER

In Case 133/78 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 Bundesgerichtshof [Federal Court of Justice] for a preliminary ruling in the action pending before that court between

THE COURT composed of: H. Kutscher, President, J. Mertens de Wilmars and Lord Mackenzie Stuart (Presidents of Chambers), A. M. Donner, P. Pescatore, M. Sørensen, A. O'Keeffe, G. Bosco and A. Touffait, Judges, Advocate General: G. Reischl Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and Issues

I — Facts and procedure

II — Written observations submitted pursuant to Article 20 of the Protocol on the Statute of the Court of Justice of the EEC

A — Written observations of the syndic, Mr Gourdain, the appellant in the main action

B — Written observations of Mr Nadler, the respondent in the main action

C — Written observations of the Commission

D — Written observations of the Government of the Federal Republic of Germany

III — Oral procedure

Decision

Costs

1 Translator's note. The English terms given do not purport to be exact equivalents of the French terms, since concepts in the different legal systems arc not identical.

2 Translator's note. The English terms given do not purport to be exact equivalents of the French terms, since concepts in the different legal systems arc not identical.

3 Translator's note. The English terms given do not purport to be exact equivalents of the French terms, since concepts in the different legal systems arc not identical.

4 Translator's note. The English terms given do not purport to be exact equivalents of the French terms, since concepts in the different legal systems arc not identical.

5 Translator's note. The English terms given do not purport to be exact equivalents of the French terms, since concepts in the different legal systems arc not identical.

6 See Note 1, p. 735.

7 See Note 1, p. 735.

8 See Note 1, p. 735.

9 See Note 1, p. 735.