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Court of Justice of the European Communities (including Court of First Instance Decisions)
You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Application for authorization to notify the EEC of an assignment of salary. [1963] EUECJ C-85/63 (25 September 1963)
URL: http://www.bailii.org/eu/cases/EUECJ/1963/C8563.html
Cite as: [1963] EUECJ C-85/63

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IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities. The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice. This electronic version is not authentic and is subject to amendment.
   

61963O0085
Order of the Court of 25 September 1963.
Application for authorization to notify the European Economic Community of an assignment of salary.
Case 85-63.
European Court reports
French edition 1963 Page 00395
Dutch edition 1963 Page 00411
German edition 1963 Page 00419
Italian edition 1963 Page 00389
English special edition 1963 Page 00195

 
   





++++
IN CASE 85/63
APPLICATION FOR AUTHORIZATION TO NOTIFY THE EUROPEAN ECONOMIC COMMUNITY OF AN ASSIGNMENT OF SALARY;



WHEREAS, BY AN APPLICATION DATED 16 AUGUST 1963, GRANDS MAGASINS A L'INNOVATION S.A ., OF 111 RUE NEUVE, BRUSSELS, HAS REQUESTED THE AUTHORIZATION OF THE COURT TO NOTIFY THE EUROPEAN ECONOMIC COMMUNITY OF AN ASSIGNMENT OF SALARY IN ITS FAVOUR BY MRS YVO CENCINI, NEE EDDA DANESI, AN OFFICIAL OF THE COMMISSION OF THE SAID COMMUNITY, IN VIEW OF THE FACT THAT, UNDER ARTICLE 1 OF THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN ECONOMIC COMMUNITY, SUCH AN ASSIGNMENT, BY ITS NOTIFICATION TO THE THIRD PARTY WHOSE DEBT IS ASSIGNED WOULD CONSTITUTE A MEASURE OF CONSTRAINT AFFECTING THE PROPERTY AND ASSETS OF THE COMMUNITY;
WHEREAS, HOWEVER, UNDER ARTICLES 1689 ET SEQ . OF THE BELGIAN CIVIL CODE, WHICH IS APPLICABLE IN THIS CASE, THE OBLIGATION IS UNCHANGED BY ASSIGNMENT AND CONTINUES IN FULL IN THE PERSON OF THE DEBTOR TOGETHER WITH ALL THE OBLIGATIONS SUBSIDIARY THERETO AND ANY PLEAS WHICH MAY BE AVAILABLE BETWEEN THE DEBTOR AND THE ASSIGNOR;
WHEREAS, FOR THIS REASON, NOTIFICATION OF THE ASSIGNMENT TO THE PERSON WHOSE DEBT IS ASSIGNED CANNOT CONSTITUTE AN OBSTACLE TO THE FUNCTIONING OF THE COMMUNITY INSTITUTIONS, AND WHEREAS THEREFORE THERE ARE NO GROUNDS FOR AUTHORIZATION BY THE COURT;
WHEREAS THE APPLICATION OF THE APPLICANT SHOULD THEREFORE BE DISMISSED;



THE COURT
RULES THAT THERE ARE NO GROUNDS FOR GRANTING THE AUTHORIZATION SOUGHT;
AND ORDERS THE APPLICANT TO PAY THE COSTS OF THE PROCEEDINGS .

 
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URL: http://www.bailii.org/eu/cases/EUECJ/1963/C8563.html