CELEX: 62018CA0347
Language: en
Date: 2019-09-04 00:00:00
Title: Case C-347/18: Judgment of the Court (First Chamber) of 4 September 2019 (request for a preliminary ruling from the Tribunale di Milano — Italy) — Avv. Alessandro Salvoni v Anna Maria Fiermonte (Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Article 53 – Certificate relating to a judgment in civil and commercial matters in Annex I – Powers of the court of origin – Automatic verification whether there have been breaches of the rules on jurisdiction concerning consumer contracts)

11.11.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 383/26
            
         
      Judgment of the Court (First Chamber) of 4 September 2019 (request for a preliminary ruling from the Tribunale di Milano — Italy) — Avv. Alessandro Salvoni v Anna Maria Fiermonte
      (Case C-347/18) (1)
      
      (Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EU) No 1215/2012 - Article 53 - Certificate relating to a judgment in civil and commercial matters in Annex I - Powers of the court of origin - Automatic verification whether there have been breaches of the rules on jurisdiction concerning consumer contracts)
      (2019/C 383/28)
      Language of the case: Italian
      
         Referring court
      
      Tribunale di Milano
      
         Parties to the main proceedings
      
      
         Applicant: Avv. Alessandro Salvoni
      
         Defendant: Anna Maria Fiermonte
      
         Operative part of the judgment
      
      Article 53 of 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, as amended by Commission Delegated Regulation (EU) 2015/281 of 26 November 2014 read in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as precluding the court of origin which has been requested to issue the certificate provided for in Article 53 of that regulation in respect of a judgment which has acquired the force of res judicata from being able to ascertain of its own motion whether there has been a breach of the rules set out in Chapter II, Section 4 of that regulation, so that it may inform the consumer of any breach that is established and enable him to assess, in full knowledge of the facts, the possibility of availing himself of the remedy provided for in Article 45 of that regulation.
      
         (1)  OJ C 285, 13.8.2018.