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Case C-555/18: Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 30 August 2018 — K.N.K. v V.A.S., E.E.K.

ECLI:EU:UNKNOWN:62018CN0555

62018CN0555

August 30, 2018
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26.11.2018

Official Journal of the European Union

C 427/14

(Case C-555/18)

(2018/C 427/20)

Language of the case: Bulgarian

Referring court

Parties to the main proceedings

Applicant: K.N.K.

Debtors: V.A.S., E.E.K.

Questions referred

1.Is a payment order for a monetary claim under Article 410 of the Grazhdanski protsesualen kodeks (Bulgarian Civil Procedure Code; GPK) which has not yet acquired the force of res judicata an authentic instrument within the meaning of Article 4(10) of Regulation (EU) No 655/2014 (1) of the European Parliament and of the Council of 15 May 2014?

2.If a payment order under Article 410 GPK is not an authentic instrument, must separate proceedings in accordance with Article 5(a) of Regulation (EU) No 655/2014 of the European Parliament and of the Council of 15 May 2014 be initiated by application outside the proceedings under Article 410 GPK?

3.If a payment order under Article 410 GPK is an authentic instrument, must the court issue its decision within the period laid down in Article 18(1) of Regulation (EU) No 655/2014 of the European Parliament and of the Council of 15 May 2014 if a provision of national law states that periods are suspended during judicial vacations?

Regulation (EU) No 655/2014 of the European Parliament and of the Council of 15 May 2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters (OJ 2014 L 189, p. 59).

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