Data Delecta Aktiebolag and Ronny Forsberg v MSL Dynamics Ltd. (Community law) [1996] EUECJ C-43/95 (26 September 1996)

Data Delecta Aktiebolag and Ronny Forsberg v MSL Dynamics Ltd. (Community law) [1996] EUECJ C-43/95 (26 September 1996)

Article 6 EC Treaty precludes a Member State from requiring a legal person established in another Member State to lodge security for costs in proceedings against domestic nationals or companies, where no such requirement is imposed on domestic legal persons and the action concerns fundamental freedoms guaranteed by Community law.

Citation
[1996] EUECJ C-43/95
Parties
Applicant: MSL Dynamics Ltd; Respondent: Data Delecta Aktiebolag; Respondent: Mr Forsberg
Jurisdiction
European Union
Judgment Date
26 September 1996
Procedural Posture
Preliminary Ruling / Referred by Hoegsta Domstolen (supreme Court)
Outcome
Preliminary ruling in favour of applicant; requirement for security for costs is precluded by Article 6 EC Treaty.
Legal Topics
Non Discrimination, Security for Costs, Free Movement of Goods and Services
European Union Law Civil Procedure Non Discrimination Security for Costs Free Movement of Goods and Services

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Parties

MSL Dynamics Ltd

Applicant

Data Delecta Aktiebolag

Respondent

Mr Forsberg

Respondent

Procedural Posture

Preliminary Ruling / Referred by Hoegsta Domstolen (supreme Court)

Legal Issues

  1. 1 Whether Article 6 EC Treaty precludes a Member State from requiring a legal person from another Member State to lodge security for costs when no such requirement is imposed on domestic legal persons

Ratio Decidendi

Article 6 EC Treaty precludes a Member State from requiring a legal person established in another Member State to lodge security for costs in proceedings against domestic nationals or companies, where no such requirement is imposed on domestic legal persons and the action concerns fundamental freedoms guaranteed by Community law.

Court Disposition

Preliminary ruling in favour of applicant; requirement for security for costs is precluded by Article 6 EC Treaty.

Orders

  • The first paragraph of Article 6 of the EC Treaty precludes a Member State from requiring a legal person established in another Member State, who has brought before one of its own courts an action against one of its own nationals or a company established on its own territory, to lodge security for the costs of those...