C-85/63

ORDER OF THE COURT 25 SEPTEMBER 1963

Application for authorization to notify the European Economic

Community of an assignment of salary

Case 85/63

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 à l'Innova­ tion 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 Com­ mission 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 Com­

munity, such an assignment, by its notification to the third party whose debt is measure of constraint assigned would constitute a 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;

Upon reading the pleadings; Upon reading the written observations of the Commission of the European Economic Community; Upon hearing the opinion of the Advocate-General;

Having regard to Article 1 of the Protocol on the Privileges and Immunities of the European Economic Community;

Now therefore

THE COURT

rules that there are no grounds for granting the authorization sought;

and orders the applicant to pay the costs of the proceedings.