The Court of Justice delivered on Thursday (3 September 2020) its judgment in case C‑186/19 (Supreme Site Services GmbH, and alii v Supreme Headquarters Allied Powers Europe) which is about Article 1 and 24 Brussels I bis (along with Article 35) in the context of an action brought by an international organisation based on immunity from execution seeking to have an interim garnishee order lifted and a prohibition on new orders being levied on the same grounds.

Background: “The request has been made in the course of proceedings between, on one hand, Supreme Site Services GmbH, established in Switzerland, Supreme Fuels GmbH & Co KG, established in Germany, and Supreme Fuels Trading Fze, established in the United Arab Emirates (together, ‘the Supreme companies’) and, on the other hand, Supreme Headquarters Allied Powers Europe (‘SHAPE’ [NATO]), established in Belgium, concerning the lifting of an interim garnishee order”.

Decision: “1. Article 1(1) of Regulation (EU) No 1215/2012 […] is to be interpreted as meaning that an action for interim relief brought before a court of a Member State in which an international organisation invokes its immunity from execution in order to obtain both the lifting of an interim garnishee order executed in a Member State other than that of the forum and a prohibition on levying such an order in the future on the same grounds, brought in parallel with substantive proceedings concerning a claim arising from alleged non-payment for fuel supplied for the purposes of a peacekeeping operation carried out by that organisation, is covered by the concept of ‘civil and commercial matters’, in so far as that action is not pursued under public powers, within the meaning of EU law, which is a matter for the assessment of the referring court.

2. Article 24(5) of Regulation No 1215/2012 is to be interpreted as meaning that an action for interim relief brought before a court of a Member State in which an international organisation invokes its immunity from execution in order to obtain both the lifting of an interim garnishee order executed in a Member State other than that of the forum and a prohibition on levying such an order in the future on the same grounds, does not fall within the exclusive jurisdiction of the courts of the Member State in which the interim garnishee order was executed”.

Source: here