# C_2013252EN.01002202.xml

| 31.8.2013 | EN | Official Journal of the European Union | C 252/22 |
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31.8.2013

EN

Official Journal of the European Union

C 252/22

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Request for a preliminary ruling from the Augstākās tiesas Senāts (Latvia) lodged on 25 June 2013 — Antonio Gramsci Shipping Corp., and Others v Aivars Lembergs

(Case C-350/13)

2013/C 252/36

Language of the case: Latvian

Referring court

Referring court

Augstākās tiesas Senāts

Parties to the main proceedings

Parties to the main proceedings

Appellants: Antonio Gramsci Shipping Corp., Apollo Holdings Corp., Arctic Seal Shipping Co. Ltd, Atlantic Leader Shipping Co. Ltd, Cape Wind Trading Co. Ltd, Clipstone Navigation SA, Dawnlight Shipping Co. Ltd, Dzons Rids Shipping Corp., Faroship Navigation Co. Ltd, Gaida Shipping Corp., Gevostar Shipping Co. Ltd, Hose Marti Shipping Corp., Imanta Shipping Co. Ltd, Kemeri Navigation Corp., Klements Gotvalds Shipping Corp., Latgale Shipping Co. Ltd, Limetree Shipping Co. Ltd, Majori Shipping Co. Ltd, Noella Marītime Co. Ltd, Razna Shipping Corp., Sagewood Trading Inc., Samburga Shipping Co. Ltd, Saturn Trading Corp., Taganroga Shipping Corp., Talava Shipping Co. Ltd, Tangent Shipping Co. Ltd, Viktorio Shipping Corp., Wilcox Holding Ltd, Zemgale Shipping Co. Ltd, Zoja Shipping Co. Ltd

Appellants:

Respondent: Aivars Lembergs

Respondent:

Questions referred

Questions referred

| 1. | Must Article 34(1) of the Brussels I Regulation (1) be interpreted as meaning that, in the context of proceedings for the recognition of a foreign judgment, infringement of the rights of persons who are not parties to the main proceedings may constitute grounds for applying the public policy clause contained in Article 34(1) of the Brussels I Regulation and for refusing to recognise the foreign judgment in so far as it affects persons who are not parties to the main proceedings? |
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1.

Must Article 34(1) of the Brussels I Regulation (1) be interpreted as meaning that, in the context of proceedings for the recognition of a foreign judgment, infringement of the rights of persons who are not parties to the main proceedings may constitute grounds for applying the public policy clause contained in Article 34(1) of the Brussels I Regulation and for refusing to recognise the foreign judgment in so far as it affects persons who are not parties to the main proceedings?

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| 2. | If the first question is answered in the affirmative, must Article 47 of the Charter be interpreted as meaning that the principle of the right to a fair trial set out therein allows proceedings for the adoption of provisional protective measures to limit the economic rights of a person who has not been a party to the proceedings, if provision is made to the effect that any person who is affected by the decision on the provisional protective measures is to have the right at any time to request the court to vary or discharge the judgment, in a situation in which it is left to the applicants to notify the decision to the persons concerned? |
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2.

If the first question is answered in the affirmative, must Article 47 of the Charter be interpreted as meaning that the principle of the right to a fair trial set out therein allows proceedings for the adoption of provisional protective measures to limit the economic rights of a person who has not been a party to the proceedings, if provision is made to the effect that any person who is affected by the decision on the provisional protective measures is to have the right at any time to request the court to vary or discharge the judgment, in a situation in which it is left to the applicants to notify the decision to the persons concerned?

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(1)  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).

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