CELEX: 62011CN0490
Language: en
Date: 2011-09-26 00:00:00
Title: Case C-490/11: Reference for a preliminary ruling from the Hajdú-Bihar Megyei Bíróság (Hungary) lodged on 26 September 2011 — IBIS S.r.l. v PARTIUM ’70 Műanyagipari Zrt.

17.12.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 370/16
            
         Reference for a preliminary ruling from the Hajdú-Bihar Megyei Bíróság (Hungary) lodged on 26 September 2011 — IBIS S.r.l. v PARTIUM ’70 Műanyagipari Zrt.
   (Case C-490/11)
   2011/C 370/27
   Language of the case: Hungarian
   
      Referring court
   
   Hajdú-Bihar Megyei Bíróság
   
      Parties to the main proceedings
   
   
      Applicant: IBIS S.r.l.
   
      Defendant: PARTIUM ’70 Műanyagipari Zrt.
   
      Questions referred
   
   
               1.
            
            
               Are the provisions of Article 45(1) and (2) of Council Regulation 44/2001/EC (1) of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters to be interpreted as meaning that a court in the Member State in which recognition is sought may, in the appeal procedure under Article 45, refuse an application for a declaration of enforceability of a foreign judgment if the certificate referred to in Article 54 of that Regulation was issued without the conditions contained in Article 66(2)(a) or (b) thereof having been met?
            
         
               2.
            
            
               If so, how is Article 35(3) of that Regulation to be interpreted in relation to the application of Article 66 thereof?
            
         
               3.
            
            
               Does Article 1(2)(d) of the Regulation [permit] the possibility of refusal of an application for a declaration of enforceability on the basis of the certificate issued by the court of origin, if it is apparent from the judgment in respect of which the certificate was issued that there is an arbitration clause?
            
         
      (1)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).