CELEX: 62013CN0536
Language: en
Date: 2013-10-14 00:00:00
Title: Case C-536/13: Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas (Lithuania) lodged on 14 October 2013 — Gazprom OAO, other party to the proceedings: Republic of Lithuania

21.12.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 377/7
            
         Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas (Lithuania) lodged on 14 October 2013 — Gazprom OAO, other party to the proceedings: Republic of Lithuania
   (Case C-536/13)
   2013/C 377/14
   Language of the case: Lithuanian
   
      Referring court
   
   Lietuvos Aukščiausiasis Teismas
   
      Parties to the main proceedings
   
   
      Appellant in cassation: Gazprom OAO
   
      Other party to the proceedings: Republic of Lithuania, represented by the Ministry of Energy of the Republic of Lithuania
   
      Questions referred
   
   
               1.
            
            
               Where an arbitral tribunal issues an anti-suit injunction and thereby prohibits a party from bringing certain claims before a court of a Member State, which under the rules on jurisdiction in the Brussels I Regulation (1) has jurisdiction to hear the civil case as to the substance, does the court of a Member State have the right to refuse to recognise such an award of the arbitral tribunal because it restricts the court’s right to determine itself whether it has jurisdiction to hear the case under the rules on jurisdiction in the Brussels I Regulation?
            
         
               2.
            
            
               Should the first question be answered in the affirmative, does the same also apply where the anti-suit injunction issued by the arbitral tribunal orders a party to the proceedings to limit his claims in a case which is being heard in another Member State and the court of that Member State has jurisdiction to hear that case under the rules on jurisdiction in the Brussels I Regulation?
            
         
               3.
            
            
               Can a national court, seeking to safeguard the primacy of European Union law and the full effectiveness of the Brussels I Regulation, refuse to recognise an award of an arbitral tribunal if such an award restricts the right of the national court to decide on its own jurisdiction and powers in a case which falls within the jurisdiction of the Brussels I Regulation?
            
         
      (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).