JUDGMENT OF 26. 5. 1981 — CASE 157/80 RINKAU

Article II of the aforementioned Protocol, applies in all criminal proceedings concerning offences which were not intentionally committed, in which the accused's liability at civil law, arising from the elements of the offence for which he is being prosecuted, is in question or on which such liability might subsequently be based. In Case 157/80

on the interpretation of Article II of the Protocol annexed to the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, THE COURT composed of: J. Mertens de Wilmars, President, P. Pescatore, Lord Mackenzie Stuart and T. Koopmans (Presidents of Chambers), A. O'Keeffe, G. Bosco, A. Touffait, U. Everling and A. Chloros, Judges, Advocate General: G. Reischl Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and Issues

I — Facts and written procedure

II — Written observations submitted to the Court

A — Observations of the Netherlands Government

B — Observations of the Commission of the European Communities

III — Oral procedure

Decision

General considerations

The concept of an offence which was not intentionally committed

The second question

Costs