Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 10 October 2022 – AB Volvo v Transsaqui S.L.

(Case C-632/22)

Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings

Appellant: AB Volvo

Respondent: Transsaqui S.L.

Questions referred

1.- In the circumstances surrounding the litigation relating to the trucks cartel, described in this order, is it possible to interpret Article 47 of the Charter of Fundamental Rights of the European Union, in conjunction with Article 101 of the Treaty on the Functioning of the European Union, in such a way that service of process on a parent company against which an action for damages for the harm caused by a restrictive trade practice has been brought is considered to have been properly effected when such service was effected (or attempted) at the place of business of the subsidiary company established in the State in which the legal proceedings were brought, while the parent company, which is established in another Member State, has not entered an appearance in the proceedings and has remained in default?

2.- If the previous question is answered in the affirmative, is that interpretation of Article 47 of the Charter compatible with Article 53 of the Charter, in the light of the case-law of the Spanish Tribunal Constitucional (Constitutional Court) on the service of process on parent companies established in another Member State in disputes relating to the trucks cartel?

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