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Case C-223/14: Request for a preliminary ruling from the Juzgado de Primera Instancia No 7 de Las Palmas de Gran Canaria (Spain) lodged on 7 May 2014 — Tecom Mican, S.L. v Man Diesel & Turbo SE
ECLI:EU:UNKNOWN:62014CN0223
62014CN0223
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Official Journal of the European Union
C 223/8
(Case C-223/14)
2014/C 223/12
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Tecom Mican, S.L.
Defendant: Man Diesel & Turbo SE
Questions referred
1)Can a purely private document be considered an ‘extrajudicial document’ within the meaning of Article 16 of Regulation No 1393/2007 of the European Parliament and of the Council of 13 November 2007, regardless of whether it was issued by a non-judicial public authority or official?
2)If so, can any private document whatsoever be considered an extrajudicial document or must it meet certain specific requirements?
3)Supposing that the private document meets those requirements, may a citizen of the Union request service under the procedure laid down in Article 16 of Regulation No 1393/2007 of the European Parliament and of the Council of 13 November 2007 in its current form, when he has already effected such service through another non-judicial public authority, for example, a notary?
4)Finally, is it necessary, for the purposes of Article 16 of Regulation 1393/2007, to take into account the fact that the cooperation has cross-border implications and is necessary for the proper functioning of the internal market? When must it be understood that cooperation has ‘cross-border implications and is necessary to the proper functioning of the internal market’?
Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 OJ 2007 L 324, p. 79