Judgment of the Court 6 December 1994

In Case C-406/92, 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 for a preliminary ruling in the proceedings pending before that court between

THE COURT, composed of: G. C. Rodriguez Iglesias, President, R. Joliét, F. A. Schockweiler and P. J. G. Kapteyn (Presidents of Chambers), G. F. Mancini, C. N. Kakouris (Rapporteur) and J. L. Murray, Judges, Advocate General: G. Tesauro, Registrar: L. Hewlett, Administrator,

after considering the written observations submitted on behalf of: the owners of the cargo lately laden on board the ship Tatry, by Clyde & Co., Solicitors, and Alistair Schaff, Barrister, the owners of the ship Maciej Rataj, by Lawrence Graham, Solicitors, and Charles Priday, Barrister, the United Kingdom, by John D. Colahan, replacing Susan Cochrane, of the Treasury Solicitor's Department, acting as Agent, and Lionel Persey, Barrister, the Commission of the European Communities, by Xavier Lewis and Pieter van Nuffel, of the Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of the applicants, represented by Alistair Schaff, of the defendants, represented by Stephen Tomlinson QC, of the United Kingdom, represented by Stephen Braviner of the Treasury Solicitor's Department, acting as Agent, and by Lionel Persey, and of the Commission, represented by Xavier Lewis, at the hearing on 11 May 1994,

after hearing the Opinion of the Advocate General at the sitting on 13 July 1994,

gives the following

Judgment

(a) Actions brought by the shipowners

(b) Actions brought by the cargo owners

The third question

The first question

The fifth question

The second question

The fourth question

Costs

1 Language of the case: English.