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24 Oct 2000, USA

Dear Dr. Ecommerce:

In 1997 I was employed as a consultant by a firm registered in Portugal with their parent company registered in one of the European off-shore islands.

During this time I was resident in Germany, and had worked in both Germany and the UK.

Due to non-payment of fees and expenses by the company for the work accomplished in the UK, I pursued legal action in the UK courts for those monies in early 1998. After a very lengthy legal procedure a final decision was reached in November 1999 by the UK court that they did not have jurisdiction.

I inquired of a Portuguese lawyer as to the possibility of taking further legal action in their courts. He advised me that they have a two-year statute of limitations from the date that the funds were due, and my situation was over the two-year limit. Therefore, no recourse could be obtained through the Portuguese legal system.

Is there a provision to appeal the UK court's decision to the European Commission courts? If so, please provide information as to the office that I should address in this matter.

Thank you for your assistance in this matter.

Respectfully yours,

Anonymous

Dear Anonymous:

I asked legal expert Matthias Sonntag from the Institute for Information, Telecommunications and Media Law, University of Munster to respond to your question. He answers:

"From my point of view, the case has nothing to do with German law. The pure fact that the person had been resident in Germany is not relevant as the case seems to be dealing with a claim of the Portuguese company against English persons.

Anonymous asks: 'Is there a provision to appeal the UK court's decision to the European Commission courts? '

Bearing in mind that I'm not an expert in European law, I think that neither the European Court of Justice nor the Court of first instance has jurisdiction in this case:

In cases involving Community law, national courts, if in doubt as to the interpretation or validity of that law can seek a preliminary ruling from the Court of Justice on the relevant questions. This way seems to be closed in this case as the UK Court did not ask for a preliminary ruling.

There is also no possibility to appeal to the Court of first Instance as it has not jurisdiction but on

- actions for annulment, for failure to act and for damages brought by natural and legal persons against the Community; - actions brought against the Commission under the ECSC Treaty by undertakings or associations of undertakings; - disputes between the Community and its officials and servants."

Sorry we couldn't bring you a more favourable answer!

Good luck,

Dr. Ecommerce