# C_2021028EN.01002701.xml

| 25.1.2021 | EN | Official Journal of the European Union | C 28/27 |
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25.1.2021

EN

Official Journal of the European Union

C 28/27

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Request for a preliminary ruling from the Varhoven kasatsionen sad (Bulgaria) lodged on 5 November 2020 — Skarb Państwa Rzeczypospolitej Polskiej reprezentowany przez Generalnego Dyrektora Dróg Krajowych i Autostrad v TOTO S.p.A — Costruzioni Generali, Vianini Lavori S.p.A

(Case C-581/20)

(2021/C 28/43)

Language of the case: Bulgarian

Referring court

Varhoven kasatsionen sad

Parties to the main proceedings

Appellant: Skarb Państwa Rzeczypospolitej Polskiej reprezentowany przez Generalnego Dyrektora Dróg Krajowych i Autostrad

Respondent: TOTO S.p.A — Costruzioni Generali, Vianini Lavori S.p.A

Questions referred

| 1. | Is Article 1 of Regulation (EU) No 1215/12 (1) of the European Parliament and of the Council to be interpreted as meaning that a case such as that described in this order for reference must be regarded in whole or in part as a civil or commercial matter within the meaning of Article 1(1) of that regulation? |
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1.

Is Article 1 of Regulation (EU) No 1215/12 (1) of the European Parliament and of the Council to be interpreted as meaning that a case such as that described in this order for reference must be regarded in whole or in part as a civil or commercial matter within the meaning of Article 1(1) of that regulation?

| 2. | After the right to make an application for provisional/protective measures has been exercised and the court having jurisdiction as to the substance of the matter has already ruled on that application, is the court seised of an application for interim relief on the same basis and under Article 35 of Regulation (EU) No 1215/12 of the European Parliament and of the Council to be regarded as not having jurisdiction from the point at which evidence is produced that the court having jurisdiction as to the substance of the matter has given a ruling on that application? |
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2.

After the right to make an application for provisional/protective measures has been exercised and the court having jurisdiction as to the substance of the matter has already ruled on that application, is the court seised of an application for interim relief on the same basis and under Article 35 of Regulation (EU) No 1215/12 of the European Parliament and of the Council to be regarded as not having jurisdiction from the point at which evidence is produced that the court having jurisdiction as to the substance of the matter has given a ruling on that application?

| 3. | If it follows from the answers to the first two questions referred that the court seised of an application under Article 35 of Regulation (EU) No 1215/12 of the European Parliament and of the Council has jurisdiction, must the conditions for the ordering of protective measures under Article 35 of Regulation (EU) No 1215/12 of the European Parliament and of the Council be interpreted independently? Should a provision which does not allow a protective measure to be ordered against a public body in a case such as the present one be disapplied? |
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3.

If it follows from the answers to the first two questions referred that the court seised of an application under Article 35 of Regulation (EU) No 1215/12 of the European Parliament and of the Council has jurisdiction, must the conditions for the ordering of protective measures under Article 35 of Regulation (EU) No 1215/12 of the European Parliament and of the Council be interpreted independently? Should a provision which does not allow a protective measure to be ordered against a public body in a case such as the present one be disapplied?

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(1)  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).

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