# C_2012303EN.01000902.xml

| 6.10.2012 | EN | Official Journal of the European Union | C 303/9 |
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6.10.2012

EN

Official Journal of the European Union

C 303/9

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Order of the Court (Sixth Chamber) of 13 June 2012 (reference for a preliminary ruling from the Landesgericht Salzburg — Austria) — GREP GmbH v Freitstaat Bayern

(Case C-156/12) (1)

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(First subparagraph of Article 104(3) of the Rules of Procedure - Charter of Fundamental Rights of the European Union - Articles 47 and 51(1) - Implementation of European Union law - Action against a decision holding that a ruling delivered in another Member State ordering enforcement procedures was enforceable - Effective judicial protection - Right of access to courts - Legal aid - National legislation refusing legal aid to legal persons)

2012/C 303/19

Language of the case: German

Referring court

Referring court

Landesgericht Salzburg

Parties to the main proceedings

Parties to the main proceedings

Applicant: GREP GmbH

Applicant:

Defendant: Freitstaat Bayern

Defendant:

Re:

Re:

Reference for a preliminary ruling — Landesgericht Salzburg — Interpretation of the first sentence of Article 51(1) and of Article 47 of the Charter of Fundamental Rights of the European Union and, in the alternative, of Article 43(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1) and of Article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms — Scope of the Charter of Fundamental Rights — Procedure for enforcement of a ruling made in another Member State — Right to legal aid — Admissibility of national legislation refusing that right to legal persons

Operative part of the order

Operative part of the order

The action, brought under Article 43 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, in order to contest a decision holding that an order for enforcement was enforceable under Article 38 to 42 of that regulation and ordering conservatory attachment measures constitutes implementation of European Union law for the purposes of Article 51 of the Charter of Fundamental Rights of the European Union.

The principle of effective judicial protection, as enshrined in Article 47 of the Charter of Fundamental Rights of the European Union, may include the right to be exempted from payment of procedural costs and/or fees due for obtaining the assistance of a lawyer in respect of such an action.

However, it is for the national court to ascertain whether the conditions for grant of such aid constitute a restriction on the right of access to courts and tribunals which infringes the very essence of that right, whether they pursue a legitimate aim and whether there is a reasonable level of proportionality between the means used and the aim pursued.

In carrying out that assessment, the national court may take into consideration the subject-matter of the dispute, any reasonable chances of the applicant’s success, the gravity of what is at stake for him, the complexity of the law and procedure applicable and the ability of the applicant effectively to defend his cause. In order to assess the proportionality, the national court may also take into account the extent of the procedural costs to be advanced and whether or not they constitute an insurmountable obstacle to access to justice.

Having regard more specifically to legal persons, the national court may take account of their situation. Thus, it may take into consideration, in particular, the legal form of the legal person in question and whether it is for profit or not and the financial capabilities of its members or shareholders and whether it is possible for them to obtain the sums necessary to bring the court proceedings.

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(1)  OJ C 194, 30.6.2012.

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