Brussels I bis

Article 47

Untitled

1. The application for refusal of enforcement shall be submitted to the court which the Member State concerned has communicated to the Commission pursuant to point (a) of Article 75 as the court to which the application is to be submitted.

2. The procedure for refusal of enforcement shall, in so far as it is not covered by this Regulation, be governed by the law of the Member State addressed.

3. The applicant shall provide the court with a copy of the judgment and, where necessary, a translation or transliteration of it.

The court may dispense with the production of the documents referred to in the first subparagraph if it already possesses them or if it considers it unreasonable to require the applicant to provide them. In the latter case, the court may require the other party to provide those documents.

4. The party seeking the refusal of enforcement of a judgment given in another Member State shall not be required to have a postal address in the Member State addressed. Nor shall that party be required to have an authorised representative in the Member State addressed unless such a representative is mandatory irrespective of the nationality or the domicile of the parties.

Holdings

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C-274/2114 Jul 2022

EPIC Financial Consulting Ges.m.b.H. v Republik Österreich and Bundesbeschaffung GmbH

4. Article 1(1) of Directive 89/665, as amended by Directive 2014/23, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as precluding national legislation requiring a litigant to identify, in his or her application for an interlocutory injunction or action for review, the procedure for the award of a public contract concerned and the separately contestable decision that he or she is challenging, where the contracting authority has opted for a procedure for the award of a public contract without prior publication of a contract notice and the contract award notice has not been published yet.

C-274/2114 Jul 2022

EPIC Financial Consulting Ges.m.b.H. v Republik Österreich and Bundesbeschaffung GmbH

5. Article 2(1) of Directive 89/665, as amended by Directive 2014/23, read in the light of Article 47 of the Charter of Fundamental Rights, must be interpreted as:

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precluding national legislation which requires a court with which an application for an interlocutory injunction is lodged seeking to prevent purchases on the part of the contracting authority, to determine, before ruling on that application, the type of contract award procedure concerned, the (estimated) value of the contract at issue and the total number of separately contestable decisions and, where appropriate, the lots from the contract award procedure concerned, for the sole purpose of calculating the amount of the flat-rate court fees which the person making that application must pay, failing which that application would be dismissed on that ground alone, where the contracting authority has opted for a procedure for the award of a public contract without prior publication of a contract notice and, at the time the action for annulment against a decision linked to that procedure is brought, the contract award notice has not been published yet;

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not precluding national legislation which requires a court before which an action for the annulment of a separately contestable decision taken by the contracting authority is brought to determine, before ruling on that action, the type of contract award procedure concerned, the (estimated) value of the contract at issue and the total number of separately contestable decisions and, where appropriate, the lots from the contract award procedure concerned, for the sole purpose of calculating the amount of the flat-rate court fees which the applicant must pay, failing which his or her action would be dismissed on that ground alone.

C-274/2114 Jul 2022

EPIC Financial Consulting Ges.m.b.H. v Republik Österreich and Bundesbeschaffung GmbH

6. Article 47 of the Charter of Fundamental Rights must be interpreted as precluding national legislation which requires a litigant lodging an application for an interlocutory injunction or an action for review to pay flat-rate court fees of an amount impossible to foresee, where the contracting authority has opted for a procedure for the award of a public contract without prior publication of a contract notice or, as the case may be, without subsequent publication of a contract award notice, with the result that it can be impossible for the litigant to ascertain the estimated value of the contract and the number of separately contestable decisions adopted by the contracting authority on the basis of which those fees were calculated.

C-267/197 May 2020

PARKING d.o.o. and Interplastics s.r.o. v SAWAL d.o.o. and Letifico d.o.o.

Article 18 TFEU and Article 47 of the Charter of Fundamental Rights of the European Union must be interpreted as not precluding national legislation which gives notaries, acting within the framework of the powers conferred on them in enforcement proceedings based on an authentic document, the power to issue writs of execution which, as is clear from the judgment of 9 March 2017, Pula Parking ([C-551/15](http://publications.europa.eu/resource/ecli/ECLI%3AEU%3AC%3A2017%3A193), [EU:C:2017:193](http://publications.europa.eu/resource/ecli/ECLI%3AEU%3AC%3A2017%3A193)), cannot be recognised and enforced in another Member State.