Opinion of the Advocate General — ECLI:EU:C:2019:370
Date: 2019-05-07
Language of the case: Italian
Subject matter: Area of freedom, security and justice;Judicial cooperation in civil matters;Fundamental rights;Charter of Fundamental Rights
Procedure: Reference for a preliminary ruling
Origin: Italy

Request for a preliminary ruling from the Tribunale di Milano (Italy) lodged on 28 May 2018 — Avv. Alessandro Salvoni v Anna Maria Fiermonte (Case C-347/18) Language of the case: Italian Referring court Tribunale di Milano Parties to the main proceedings Applicant: Avv. Alessandro Salvoni Defendant: Anna Maria Fiermonte Question referred Should Article 53 of Regulation (EU) No 1215/2012 1 and Article 47 of the Charter of Fundamental Rights of the European Union be interpreted as meaning that it is not possible for the court of origin, which has been requested to issue the certificate provided for in Article 53 of Regulation (EU) No 1215/2012 with regard to a judgment that has acquired the force of a res judicata, to exercise powers of its own motion to ascertain whether there has been a breach of the rules set out in Chapter II, Section 4 of the Brussels Ibis Regulation, so that it may inform the consumer of any breach that is established and enable the consumer to consider, in full knowledge of the facts, the possibility of availing himself of the remedy provided for in Article 45 of the Regulation? ____________ 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).