- CJEU, powers of referral, freezing orders and international enforcement (Antonio Gramsci Shipping and others v Lembergs)
- Why did the CJEU refuse to provide a ruling in this case?
DR analysis: The CJEU has reiterated, in an order of the court, that a national court has no power to make a referral to the CJEU for a preliminary ruling on a case which is no longer pending before it. This is clear from both the court’s recommendations to national courts and tribunals as well as case law. In this case the court was asked to consider questions as to whether enforcement of a freezing injunction could fall within art 34 of the Brussels I Regulation such that a Member State need not enforce it where it was contrary to its own public policy. However, as the freezing order had been discharged the reference was not heard. For practitioners interested in such a ruling the CJEU noted that there are other cases pending seeking determination on that issue.
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