CELEX: 62017CN0131
Language: en
Date: 2017-03-13 00:00:00
Title: Case C-131/17: 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

29.5.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 168/24
            
         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)
   (2017/C 168/32)
   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
   
   
               1.
            
            
               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?
            
         
               2.
            
            
               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?