Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62012CN0156

    Case C-156/12: Reference for a preliminary ruling from the Landesgericht Salzburg (Austria) lodged on 30 March 2012 — Freistaat Bayern v GREP GmbH

    OJ C 194, 30.6.2012, p. 9–9 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    30/03/2012
    Date lodged:
    30/03/2012
    Author:
    Court of Justice
    Form:
    Judicial information
    Authentic language:
    German
    Type of procedure:
    Reference for a preliminary ruling
    Link
    Select all documents mentioning this document
    Case affecting:
    Link

    30.6.2012   

    EN

    Official Journal of the European Union

    C 194/9

    Reference for a preliminary ruling from the Landesgericht Salzburg (Austria) lodged on 30 March 2012 — Freistaat Bayern v GREP GmbH

    (Case C-156/12)

    2012/C 194/14

    Language of the case: German

    Referring court

    Landesgericht Salzburg

    Parties to the main proceedings

    Applicant: Freistaat Bayern

    Defendant: GREP GmbH

    Third Party: Revisor beim Landesgericht Salzburg

    Questions referred

    1.

    Is the first sentence of Article 51(1) of the Charter of Fundamental Rights of the European Union to be interpreted as meaning that proceedings for a declaration of enforceability of judgments given in a Member State pursuant to Article 38 et seq. of Council Regulation No 44/2001 (1) also fall within the scope of the Charter?

    2.a)

    If so, does the principle of effective judicial protection enshrined in Article 47 of the Charter cover a claim for exemption from the payment of court costs, in particular a fixed fee payable on lodging an appeal, and/or fees for the assistance of a lawyer in proceedings of the kind referred to in question 1?

    2.b)

    Does this apply also to enforcement proceedings to be conducted in accordance with national law or, at least, to simultaneous appeal proceedings concerning consent to enforcement if the court has given a decision on the application for a declaration of enforceability and consent to enforcement together in one order?

    3.

    Does a right to legal aid in the above sense arise at least in the alternative from Article 43(1) of Regulation No 44/2001 and/or Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms where national law requires a party to be represented before the court by a lawyer for the lodging of the appeal in question?

    (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 L 12, p. 1.

    Top