JUDGMENT OF 14. 7. 1983 — CASE 201/82 GERLING v AMMINISTRAZIONE DEL TESORO DELLO STATO

In Case 201/92 REFERENCE to the Court in pursuance of 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 Corte Suprema di Cassazione, Sezioni Unite Civili [Supreme Court of Cassation, Combined Civil Sections], giving its preliminary decision on a question of jurisdiction under Article 41 of the Italian Code of Civil Procedure, in the proceedings pending between

THE COURT (Third Chamber) composed of: U. Everling, President of Chamber, Y. Galmot and C. Kakouris, Judges, Advocate General: G. F. Mancini Registrar: H. A. Rühl, Principal Administrator

gives the following

JUDGMENT

Facts and Issues

I — Facts and written procedure

A — The main proceedings

1. Facts

2. Proceedings before national courts

II — Written observations submitted to the Court

A — Observations submitted by the Commission

1. Observations of the first question raised by the Corte di Cassazione

2. Observations of the Commission on the second question raised by the Corte di Cassazione

B — Observations submitted, by the Governmentalthe Italian Republic

1. Observations on the first question raised by the Cone di Cassazione

2. Observations on the second question raised by the Corte di Cassazione

III — Oral procedure

Decision

1. First question

2. Second question

Costs