Judgment of the Court (Sixth Chamber) 27 June 1991

In Case C-351/89, 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 Court of Appeal, London, for a preliminary ruling in the proceedings pending before that court between

THE COURT (Sixth Chamber), composed of: G. F. Mancini, President of the Chamber, T. F. O'Higgins, C. N. Kakouris, F. A. Schockweiler and P. J. G. Kapteyn, Judges, Advocate General: W. Van Gerven, Registrar: V. Di Bucci, Administrator,

after considering the written observations submitted on behalf of: Overseas Union Insurance Limited, Deutsche Ruck UK Reinsurance Limited and Pine Top Insurance Company Limited, by Peter Goldsmith QC and David Raillon, Barrister-at-Law, instructed initially by Messrs Holman Fenwick & Willan, Solicitors, and subsequently, as regards Overseas Union Insurance Limited, by Messrs Stephenson Harwood, Solicitors, New Hampshire Insurance Company, by Jonathan Mance QC and Alan Newman QC, instructed by Messrs Hextall, Erskine & Co, Solicitors, the Government of the Federal Republic of Germany, by Christof Böhmer, Ministerialrat in the Federal Ministry of Justice, acting as Agent, the United Kingdom, by Rosemary Caudwell, of the Treasury Solicitor's Department, acting as Agent, and the Commission of the European Communities, by John Forman, Legal Adviser, and Adam Blomefield, a member of the Commission's Legal Department, acting as Agents,

having regard to the Report for the Hearing,

after hearing oral argument from Overseas Union Insurance Limited, Deutsche Ruck UK Reinsurance Limited, Pine Top Insurance Company Limited, New Hampshire Insurance Company and the Commission at the hearing on 5 February 1991,

after hearing the Opinion of the Advocate General at the sitting on 7 March 1991,

gives the following

Judgment

The first question

The second and third questions

Costs

1 Language of the case: English.