Judgment of the Court (Sixth Chamber) 2 June 1994

In Case C-414/92, REFERENCE to the Court, pursuant to 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 (Sixth Chamber), composed of: G. F. Mancini, President of the Chamber, C. N. Kakouris, F. A. Schockweiler (Rapporteur), P. J. G. Kapteyn and J. L. Murray, Judges, Advocate General: C. Gulmann, Registrar: H. A. Rühl, Principal Administrator,

after considering the written observations submitted on behalf of: Solo Kleinmotoren GmbH, by R. A. Schütze, Rechtsanwalt, Stuttgart, Emilio Boch, by P. Müller, Rechtsanwalt, Stuttgart, and A. Rizzi and F. Ferria Contin, of the Milan Bar, the German Government, by C. Böhmer, Ministerialrat at the Federal Ministry of Justice, acting as Agent, the Italian Government, by Professor L. Ferrari Bravo, Head of the Department for Contentious Diplomatic Affairs at the Ministry of Foreign Affairs, acting as Agent, assisted by O. Fiumara, Avvocato dello Stato, the Commission of the European Communities, by P. van Nuffel, of its Legal Service, acting as Agent, assisted by W.-D. Krause-Ablass, Rechtsanwalt, Düsseldorf,

having regard to the Report for the Hearing,

after hearing the oral observations of Solo Kleinmotoren GmbH, represented by R. A. Schütze and T. R. Klötzel, Rechtsanwälte, Stuttgart, of Emilio Boch and of the Commission at the hearing on 10 February 1994,

after hearing the Opinion of the Advocate General at the sitting on 22 March 1994,

gives the following

Judgment

The first question

The second question

Costs

1 Language of the case: German.