Case C-590/21, Charles Taylor Adjusting: Judgment of the Court (Third Chamber) of 7 September 2023 (request for a preliminary ruling from the Areios Pagos — Greece) — Charles Taylor Adjusting Limited, FD v Starlight Shipping Company, Overseas Marine Enterprises Inc. (Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Recognition and enforcement in one Member State of judgments from another Member State — Article 34 — Grounds for refusal — Infringement of public policy in the European Union and of national public policy — Definition of ‘public policy’ — Mutual trust — ‘“Quasi” anti-suit injunction’ — Judgments preventing the exercise of the right to effective judicial protection or the continuation of proceedings brought before the courts of another Member State)
Date: 2023-09-07
Institutions: Court of Justice
Subjects: civil liability proceedings, enforcement of ruling, injunction, judicial cooperation in civil matters in the EU, jurisdiction, legal expenses, public order, right to justice








C_202300187EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/187


23.10.2023





Judgment of the Court (Third Chamber) of 7 September 2023 (request for a preliminary ruling from the Areios Pagos — Greece) — Charles Taylor Adjusting Limited, FD v Starlight Shipping Company, Overseas Marine Enterprises Inc.
(Case C-590/21, (1) Charles Taylor Adjusting)
(Reference for a preliminary ruling - Area of freedom, security and justice - Judicial cooperation in civil matters - Regulation (EC) No 44/2001 - Recognition and enforcement in one Member State of judgments from another Member State - Article 34 - Grounds for refusal - Infringement of public policy in the European Union and of national public policy - Definition of ‘public policy’ - Mutual trust - ‘“Quasi” anti-suit injunction’ - Judgments preventing the exercise of the right to effective judicial protection or the continuation of proceedings brought before the courts of another Member State)
(C/2023/187)
Language of the case: Greek

Referring court

Areios Pagos

Parties to the main proceedings


Appellants: Charles Taylor Adjusting Limited, FD

Respondents: Starlight Shipping Company, Overseas Marine Enterprises Inc.

Operative part of the judgment

Article 34(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, read in conjunction with Article 45(1) thereof,
must be interpreted as meaning that a court or tribunal of a Member State may refuse to recognise and enforce a judgment of a court or tribunal of another Member State on the ground that it is contrary to public policy, where that judgment impedes the continuation of proceedings pending before another court or tribunal of the former Member State, in that it grants one of the parties provisional damages in respect of the costs borne by that party on account of its bringing those proceedings on the grounds that, first, the subject matter of those proceedings is covered by a settlement agreement, lawfully concluded and ratified by the court or tribunal of the Member State which gave that judgment and, second, the court of the former Member State, before which the proceedings at issue were brought, does not have jurisdiction on account of a clause conferring exclusive jurisdiction.


(1)  
            OJ C 37, 24.1.2022.


ELI: http://data.europa.eu/eli/C/2023/187/oj
ISSN 1977-091X (electronic edition)