C-4/62
ECLI:EU:C:1962:9
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ORDER OF THE COURT 13 MARCH 1962 1
Application for authorization to enforce a garnishee order
against the High Authority of the European Coal and Steel
Community
Case 4/62
Summary 1. Privileges and immunities of the ECSC — Measures of constraint — Determination by the Court — Scope of its examination
(Article 1, P.P.I. of the ECSC)
2. Privileges and immunities of the ECSC — Measures of constraint — Determination
according to national law Garnishee — order under Luxembourg law — Constraint within the meaning of Article 1, P.P.I. of the ECSC
1. Where an authority other than one 2. A garnishee order issuing from a
of the institutions of the Community Luxembourg court and affecting the orders the enforcement against the property and assets of the Community Community of a decision which alters is to be considered a constraint
its legal position, it is for the Court, within meaning of Article the 1 of
as guardian of the imperative interests the Protocol on the Privileges and
of the Community, to ascertain Immunities of the European Coal whether the application of the and Steel Community, since
national legal provisions upon which garnishee proceedings constitute a
the decision at issue is based single legal remedy, although under
consitutes a constraint within the Luxembourg law this consists of two meaning of Article 1 of the Protocol stages, each of which alters the legal
on the Privileges and Immunities of position of the garnishee. The the European Coal and Steel authorization of the Court is therefore
Community. necessary in this case.
In Case 4/62
Application for authorization to enforce a garnishee order against the
High Authority,
1 — Language of the Case: French.
ORDER OF 13.3.1962 — CASE 4/62
THE COURT
composed of: A. M. Donner, President, O. Riese (President of Chamber), L. Delvaux, Ch. L. Hammes and R. Rossi, Judges,
Advocate-General: M. Lagrange Registra: A. Van Houtte
makes the following
ORDER
Whereas, by an order dated 8 February 1962, the President of the Tribunal d'Arrondissement de Luxembourg, on an application by Rolf Hübner, engineer, of Gabelsbergerstrasse 31, Dortmund (Germany), and his wife, Eva Hübner, nee Gerken, company director, residing with her husband at the above assisted and authorized by him as necessary, both being address, represented by Ernest Arendt, avocat-avoué of Luxembourg, authorized them to garnishee, as between the High Authority and Manfred Kuhbier,
businessman, residing at Klingholzberg 13, Wuppertal-Barmen, all monies, securities or funds which the said High Authority owes, shall be judged to
owe or admit to owing by him to the applicants, up to a total of 60 000 DM;
Whereas this order was declared immediately enforceable before registraion;
Whereas, by application of 21 February 1962, the above-mentioned
applicants requested the Court to authorize enforcement against the High
Authority of the garnishee order granted by the Luxembourg Court, in accordance with Article 1 of the Protocol on the Privileges and Immunities
of the European Coal and Steel Community, which provides that the
property and assets of the Community shall not be the subject of any admini
strative or legal measure of constraint without the authorization of the
Court;
Whereas the High Authority admits to owing to the said Manfred Kuhbier the clear sum of 10 000 EMA units of account, being due for immediate payment in full;
Whereas it is appropriate for the Court to enquire into the object of Article
1 of the above Protocol, in order to ascertain its scope and to decide as to its application in this case;
Whereas the Treaty, whilst allowing national courts or administrative
authorities to settle certain disputes concerning the Community's activities,
AUTHORIZATION TO ENFORCE A GARNISHEE ORDER
requires nevertheless that enforcement of decisions in such cases by measures of constraint be subject to the authorization of the Court ofJustice, in order to avoid untimely and inappropriate hindrances to the independent
functioning of the Community on behalf of private interests;
Whereas this protective power of the Court over the imperative interests
of the Community must come into play whenever an authority other than
one of the institutions of the Community enforces against the Community a decision which alters its legal positon; Whereas the Court is therefore bound to ascertain, in each case, whether
such constraint is present in relation to the national legal provisions upon
which the measure at issue is based;
Whereas garnishee proceedings as instituted by Mr and Mrs Hübner under
Luxembourg law consist of a single procedure, albeit composed of two
stages, first attachment and secondly, by way of validation, enforcement;
Whereas procedural differences may exist between these two stages but for the purposes of the authorization to be given by the Court it is not possible to distinguish two separate actions, since the first stage of the proceedings,
relating to attachment, leads in law directly to the subsequent enforcemnt;
Whereas, moreover, legal theory and case law are agreed that the garnishee order is a single legal remedy;
Whereas under Luxembourg law, however, each stage of garnishee pro
ceedings alters the legal position of the garnishee;
Whereas the attachment order, which binds the debt owed to the judgment
debtor, sets that debt apart amongst the garnishee's assets, it being thereafter impossible at law to set off in the latter's favour such debts as might arise
between the garnishee and the judgment debtor;
Whereas, further, decided cases have consistently held that the enforcement order, in this case the garnishee order absolute substituting the garnishee,
for the purposes of payment, for the judgment debtor, is not merely an order to pay but is the result of an assignment of the claim, whereby the garnishee becomes the direct debtor of the judgment creditor;
Whereas, in these circumstances and having regard to the legal situation in this case, there are grounds for finding that in relation to the Community there exists a measure of constraint within the meaning of Article 1 of the
Protocol on the Privileges and Immunities of the European Coal and Steel
Community;
ORDER OF 13.3.1962 — CASE 4/62
Whereas neither the statements of the parties nor the findings of the Court offer grounds for refusal of the authorization sought;
Whereas it should therefore be granted;
Upon reading the pleadings; Upon hearing the parties; Upon hearing the opinion of the Advocate-Gnral;
Having regard to Article 1 of the Protocol on the Privileges and Immunities of the European Coal and Steel Community;
THE COURT
her by:
authorizes the applicants to enforce a garnishee order against
the High Authority in respect of their claim against Mr Kuhbier.
Luxembourg, 13 March 1962.
A. Van Houtte A. M. Donner Registrar President