Case C-135/18: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 20 February 2018 — Logistik XXL GmbH v CMR Transport & Logistik
Date: 2018-02-20
Institutions: Court of Justice
Subjects: appeal, enforcement of ruling, form, guarantee, judicial cooperation in civil matters in the EU, private international law








C_2018190EN.01000601.xml










4.6.2018   


EN


Official Journal of the European Union


C 190/6





Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 20 February 2018 — Logistik XXL GmbH v CMR Transport & Logistik
(Case C-135/18)
(2018/C 190/08)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Logistik XXL GmbH

Defendant: CMR Transport & Logistik

Questions referred







1.


In the case of a judgment which orders the defendant, without restriction and unconditionally, to make a payment and against which an ordinary appeal has been lodged in the Member State of origin, or in the case of which the time limit for bringing such an appeal has not yet expired, does the order of the court of origin to the effect that that judgment is provisionally enforceable only on provision of a security constitute a condition within the meaning of point 4.4 of the form set out in Annex I to 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 (1)?










2.


If Question 1 is answered in the affirmative, is this also the case where, in the Member State of origin, the judgment declared to be provisionally enforceable may be the subject of protective enforcement even though no security has been provided?










3.


If Question 2 is answered in the affirmative:






(a)


How is the court of origin to proceed, in the case of a judgment which contains an enforceable obligation and against which an ordinary appeal has been lodged in the Member State of origin, or in the case of which the time limit for bringing such an appeal has not yet expired, with regard to the form set out in Annex I to 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, where that judgment, pursuant to its operative part or pursuant to a statutory provision, may not be enforced until after a security has been provided?










(b)


In those circumstances, must the court of origin issue the certificate, using the form set out in Annex I to 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, without furnishing the particulars stipulated in points 4.4.1. to 4.4.4 of that form?










(c)


In those circumstances, may the court of origin issue the certificate, using the form set out in Annex I to 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, in such a way as to include — in point 4.4.1. or point 4.4.3. of that form, for example — additional information on the required provision of a security and to attach to that form the text of the relevant statutory provision?














4.


If Question 2 is answered in the negative:






(a)


How is the court of origin to proceed with regard to the form set out in Annex I to 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, where, pursuant to a statutory provision in the Member State of origin, protective enforcement may not be pursued until after a certain period of time has elapsed?










(b)


In those circumstances, may the court of origin issue the certificate, using the form set out in Annex I to 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, in such a way as to include — in point 4.4.1. or point 4.4.3. of that form, for example — additional information on that period of time and to attach to that form the text of the relevant statutory provision?










(1)  OJ 2012 L 351, p. 1.