Judgment of the Court (SIXTH CHAMBER) 15 February 1989

In Case 32/88 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 Cour de cassation (Court of Cassation) of the French Republic for a preliminary ruling in the proceedings pending before that court between

THE COURT (Sixth Chamber) composed of: T. Koopmans, President of Chamber, T. F. O'Higgins, G. F. Mancini, F. A. Schockweiler and M. Diez de Velasco, Judges, Advocate General: G. Tesauro Registrar: J.-G. Giraud

After considering the observations submitted on behalf of: P. Humbert, the respondent in the main proceedings, by H. Masse-Dessen and B. Georges, avocats au conseil d'Etat et á la Cour de cassation, Paris, the Government of the Federal Republic of Germany, by Ch. Böhmer, acting as Agent, the Government of the French Republic, by R. de Gouttes and C. Chavance, acting as Agents, the Government of the Italian Republic, by L. Ferrari Bravo, Head of the Servizio del Contenzioso Diplomatico, acting as Agent, assisted by O. Fiumara, avvocato dello Stato, the United Kingdom, by S. J. Hay, acting as Agent, assisted by C. L. Carpenter, the Commission of the European Communities, by Georgios Kremlis, acting as Agent, assisted by G. Cherubini,

having regard to the Report for the Hearing and further to the hearing on 19 October 1988,

after hearing the Opinion of the Advocate General delivered at the sitting on 15 December 1988,

gives the following

Judgment

First question

Second question

Costs

1 Language of the case: French.