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CJEU Case C-347/18/ Judgment

Alessandro Salvoni v Anna Maria Fiermonte

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
First Chamber
Decision date:
04/09/2019

Key facts

  1. This request for a preliminary ruling concerns the interpretation of Article 53 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2012 L 351, p. 1), as amended by Commission Delegated Regulation (EU) 2015/281 of 26 November 2014 (OJ 2015 L 54, p. 1) (‘Regulation No 1215/2012’), and Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’).
  2. The request has been made in proceedings between Mr Alessandro Salvoni and Ms Anna Maria Fiermonte concerning the sums owed by the latter to the former as consideration for the legal services provided by Mr Salvoni.

Judgement

On those grounds, the Court (First Chamber) hereby rules:

Article 53 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended by Commission Delegated Regulation (EU) 2015/281 of 26 November 2014 read in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as precluding the court of origin which has been requested to issue the certificate provided for in Article 53 of that regulation in respect of a judgment which has acquired the force of res judicata from being able to ascertain of its own motion whether there has been a breach of the rules set out in Chapter II, Section 4 of that regulation, so that it may inform the consumer of any breach that is established and enable him to assess, in full knowledge of the facts, the possibility of availing himself of the remedy provided for in Article 45 of that regulation.