Judgment of the Court (Fifth Chamber) 11 July 1985

In Case 221/84 REFERENCE to the Court under Article 3 of the Protocol of 3 June 1971 on the interpretation of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, signed at Brussels (hereinafter referred to as the Convention), by the Bundesgerichtshof [Federal Court of Justice] for a preliminary ruling in the action pending before that court between

THE COURT (Fifth Chamber) composed of: O. Due, President of Chamber, C. Kakouris, U. Everling, Y. Galmot and R. Joliet, Judges, Advocate General : Sir Gordon Slynn Registrar: D. Louterman, Administrator

after considering the observations submitted on behalf of: Berghoefer GmbH, the plaintiff in the main proceedings, by O. C. Brändel and G. Jordan, Rechtsanwälte, the United Kingdom, by S. J. Hay, of the Treasury Solicitor's Department, acting as Agent, the Commission of the European Communities, by J. Pipkorn, a member of its Legal Department, assisted by S. Pieri, an Italian civil servant seconded to the Commission as part of an exchange with national civil servants, acting as Agents,

after hearing the opinion of the Advocate General delivered at the sitting on 11 June 1985,

gives the following

JUDGMENT

Decision

Costs

1 Language of the Case: German.