Order — ECLI:EU:C:2017:902
Date: 2017-11-23
Language of the case: Portuguese
Court formation: Sixth Chamber
Subject matter: Fundamental rights;Charter of Fundamental Rights
Procedure: Reference for a preliminary ruling - inadmissible
Origin: Portugal

Request for a preliminary ruling from the Tribunal da Relação do Porto (Portugal) lodged on 13 March 2017 — Hélder José Cunha Martins v Fundo de Garantia Automóvel (Case C-131/17) Language of the case: Portuguese Referring court Tribunal da Relação do Porto Parties to the main proceedings Applicant: Hélder José Cunha Martins, [the party against whom enforcement is sought] Defendant: Fundo de Garantia Automóvel, [the party seeking enforcement] Questions referred In the context of an action for damages arising from a road-traffic accident, must a finding of joint and several liability on appeal by a higher court, without recourse being had to the principle of the immediacy of evidence and without all the grounds of defence being available, be considered to have been made in a fair and equitable hearing, as provided for in Article 47 of the Charter of Fundamental Rights of the European Union? Is the attachment of goods in enforcement proceedings, without the action for recovery having been heard beforehand, contrary to Article 47 of the Charter of Fundamental Rights of the European Union? ____________