Judgment of the Court (Fifth Chamber) 24 June 1986

In Case 22/85 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 proceedings pending before that court between

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

after considering the observations submitted on behalf of the appellant, by H. Embacher and G. Holzhauser, Rechtsanwälte, in the written procedure and by H. Embacher, Rechtsanwalt, in the oral procedure, the respondent, by B. Gass, Rechtsanwalt, at the hearing, the United Kingdom, by S. J. Hay of the Treasury Solicitor's Department, acting as Agent, in the written procedure, and by M. C. L. Carpenter of the Lord Chancellor's Department, acting as Agent, in the oral procedure, the Government of the Italian Republic, by O. Fiumara, avvocato dello Stato, acting as Agent, in the written procedure, the Commission of the European Communities, by J. Pipkorn and S. Pieri, acting as Agents, in the written procedure, and by J. Pipkorn, acting as Agent, in the oral procedure,

after hearing the Opinion of the Advocate General delivered at the sitting on 4 February 1986,

gives the following

JUDGMENT

Decision

Costs

1 Language of the Case: German.