CELEX: 62019CN0946
Language: en
Date: 2019-12-27 00:00:00
Title: Case C-946/19: Reference for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division) made on 27 December 2019 – MG v HH

2.3.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 68/36
            
         
      Reference for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division) made on 27 December 2019 – MG v HH
      (Case C-946/19)
      (2020/C 68/39)
      Language of the case: English
      
         Referring court
      
      Court of Appeal (England & Wales) (Civil Division)
      
         Parties to the main proceedings
      
      
         Appellant: MG
      
         Respondent: HH
      
         Questions referred
      
      
                  1.
               
               
                  Does Article 4(1) of Regulation (EU) No 1215/2012 (1) (‘Brussels I Recast’) confer a directly enforceable right upon a person domiciled in a Member State?
               
            
                  2.
               
               
                  If it does:
                  
                              a)
                           
                           
                              Where such a right is breached by the bringing of proceedings against that person in a third State, is there an obligation upon the Member State to provide a remedy, including by the grant of an anti-suit injunction?
                           
                        
                              b)
                           
                           
                              Does any such obligation extend to a case where a cause of action available in the courts of a third State is not available under the law applicable in the courts of the Member State?
                           
                        
            
         (1)  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 (OJ 2012, L 351, p. 1).