Opinion of the Advocate General — ECLI:EU:C:2019:262
Date: 2019-03-27
Language of the case: Danish
Subject matter: Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: Denmark

Request for a preliminary ruling from the Østre Landsret (Denmark) lodged on 22 December 2017 — A (Case C-716/17) Language of the case: Danish Referring court Østre Landsret Parties to the main proceedings Applicants: A Questions referred Does Article 45 TFEU, as interpreted following the EU Court of Justice’s judgment of 8 November 2012 in Case C-461/11, 1 preclude a rule on jurisdiction such as the Danish one, the aim of which is to ensure that the court hearing a case involving debt relief has knowledge of and can take account in its assessment of the specific socio-economic situation in which the debtor and his or her family live and must be assumed will continue to live going forward, and that the assessment may be carried out according to previously-determined criteria establishing what can be deemed to be an acceptably modest standard of living under the debt relief arrangement? If the answer to question 1 is that the restriction cannot be held to be justified, the EU Court of Justice is asked to answer the following question: Must Article 45 TFEU be interpreted as also having direct effect as between private parties in a situation such as the present one, with the result that private creditors must accept reductions or total loss of amounts owed to them by a debtor who has moved to another country? ____________ 1 Judgment of the Court of Justice of 8 November 2012, ECLI:EU:C:2012:704.