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Case C-131/17: Request for a preliminary ruling from the Tribunal da Relação do Porto (Portugal) lodged on 13 March 2017 — Hélder José Cunha Martins v Fundo de Garantia Automóvel
ECLI:EU:UNKNOWN:62017CN0131
62017CN0131
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29.5.2017
EN
Official Journal of the European Union
C 168/24
(Case C-131/17)
(2017/C 168/32)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicant: Hélder José Cunha Martins, [the party against whom enforcement is sought]
Defendant: Fundo de Garantia Automóvel, [the party seeking enforcement]
Questions referred
1.In the context of an action for damages arising from a road-traffic accident, must a finding of joint and several liability on appeal by a higher court, without recourse being had to the principle of the immediacy of evidence and without all the grounds of defence being available, be considered to have been made in a fair and equitable hearing, as provided for in Article 47 of the Charter of Fundamental Rights of the European Union?
2.Is the attachment of goods in enforcement proceedings, without the action for recovery having been heard beforehand, contrary to Article 47 of the Charter of Fundamental Rights of the European Union?