Article 47 - Right to an effective remedy and to a fair trial
Introduction
Conclusion
I propose that the Court answer the question referred for a preliminary ruling by the Tribunale di Milano (District Court, Milan, Italy) as follows:
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 (recast), precludes the court of origin requested to issue the certificate with regard to a judicial decision that has acquired the force of res judicata from exercising powers of its own motion in order to ascertain whether that decision was issued in breach of the rules on jurisdiction over consumer contracts.
16, 19, 45, 85-92