Rossmeier v Mounthooly Transport & Ors [1999] ScotCS 244 (20 October 1999)

Rossmeier v Mounthooly Transport & Ors [1999] ScotCS 244 (20 October 1999)

The requirement to sist a mandatary for pursuers resident in another Member State is discriminatory under Article 12 EC Treaty and cannot be objectively justified where the Brussels Convention allows enforcement of Scottish judgments abroad; such requirement should not be imposed.

Citation
[1999] ScotCS 244
Parties
Pursuer and Appellant: Dieter Rossmeier; Defenders and Respondents: Mounthooly Transport and Others
Jurisdiction
Scotland
Judgment Date
20 October 1999
Procedural Posture
Appeal / Appeal From Sheriff Principal to Court of Session
Outcome
Appeal allowed
Legal Topics
Discrimination on Grounds of Nationality, Sisting a Mandatary, Security for Costs, Brussels Convention Enforcement
European Union Law Civil Procedure Discrimination on Grounds of Nationality Sisting a Mandatary Security for Costs Brussels Convention Enforcement

Case Brief

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Parties

Dieter Rossmeier

Pursuer and Appellant

Mounthooly Transport and Others

Defenders and Respondents

Procedural Posture

Appeal / Appeal From Sheriff Principal to Court of Session

Legal Issues

  1. 1 Whether requirement to sist a mandatary for pursuers resident outside the UK constitutes discrimination under Article 12 EC Treaty
  2. 2 Whether such requirement can be objectively justified given Brussels Convention enforcement

Ratio Decidendi

The requirement to sist a mandatary for pursuers resident in another Member State is discriminatory under Article 12 EC Treaty and cannot be objectively justified where the Brussels Convention allows enforcement of Scottish judgments abroad; such requirement should not be imposed.

Court Disposition

Appeal allowed

Orders

  • Sheriff's order requiring pursuers to sist a mandatary recalled
  • Case remitted to Sheriff to proceed as accords