# C_2015171EN.01001302.xml

| 26.5.2015 | EN | Official Journal of the European Union | C 171/13 |
| --- | --- | --- | --- |

26.5.2015

EN

Official Journal of the European Union

C 171/13

---

Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 17 February 2015 — Emmanuel Lebek v Janusz Domino

(Case C-70/15)

(2015/C 171/15)

Language of the case: Polish

Referring court

Referring court

Sąd Najwyższy

Parties to the main proceedings

Parties to the main proceedings

Appellant: Emmanuel Lebek

Appellant:

Respondent: Janusz Domino

Respondent:

Questions referred

Questions referred

| 1. | Must Article 34(2) 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 (1) be interpreted as meaning that the possibility of commencing proceedings to challenge a judgment laid down therein covers both the situation in which such a challenge can be brought within the time-limit laid down in national law and the situation in which that time-limit has already passed but it is possible to submit an application for relief from the effects of its passing and then — following the grant of such relief — actually to commence such proceedings? |
| --- | --- |

1.

Must Article 34(2) 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 (1) be interpreted as meaning that the possibility of commencing proceedings to challenge a judgment laid down therein covers both the situation in which such a challenge can be brought within the time-limit laid down in national law and the situation in which that time-limit has already passed but it is possible to submit an application for relief from the effects of its passing and then — following the grant of such relief — actually to commence such proceedings?

1

| 2. | Must Article 19(4) of Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 (2) be interpreted as excluding the application of provisions of national law concerning the possibility of relief from the effects of the expiry of the time for appeal or as meaning that the defendant has the choice of availing himself of either the application for relief provided for in that provision or the relevant set of provisions under national law? |
| --- | --- |

2.

Must Article 19(4) of Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 (2) be interpreted as excluding the application of provisions of national law concerning the possibility of relief from the effects of the expiry of the time for appeal or as meaning that the defendant has the choice of availing himself of either the application for relief provided for in that provision or the relevant set of provisions under national law?

2

---

(1)  OJ 2001 L 12, p. 1.

1

(2)  OJ 2007 L 324, p. 79.

2

---