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)
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
Does Article 4(1) of Regulation (EU) No 1215/20121 (“Brussels I Recast”) confer a directly enforceable right upon a person domiciled in a Member State?
If it does:
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?
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?
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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).