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Case C-511/14: Judgment of the Court (Third Chamber) of 16 June 2016 (request for a preliminary ruling from the Tribunale di Bologna (District Court, Bologna — Italy) — Pebros Servizi Srl v Aston Martin Lagonda Ltd (Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 805/2004 — European Enforcement Order for uncontested claims — Article 3(1)(b) — Conditions for certification — Judgment in default — Concept of ‘uncontested claim — Procedural conduct of a party capable of constituting an ‘absence of contestation of the claim’)
ECLI:EU:UNKNOWN:62014CA0511
62014CA0511
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22.8.2016
Official Journal of the European Union
C 305/6
(Case C-511/14)
((Reference for a preliminary ruling - Area of freedom, security and justice - Judicial cooperation in civil matters - Regulation (EC) No 805/2004 - European Enforcement Order for uncontested claims - Article 3(1)(b) - Conditions for certification - Judgment in default - Concept of ‘uncontested claim - Procedural conduct of a party capable of constituting an ‘absence of contestation of the claim’))
(2016/C 305/08)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Pebros Servizi Srl
Defendant: Aston Martin Lagonda Ltd
Operative part of the judgment
The conditions according to which, in the case of a judgment by default, a claim is to be regarded as ‘uncontested’, within the meaning of the second subparagraph of Article 3(1)(b) of Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims, must be assessed autonomously, solely in accordance with that regulation.
(<span class="super">1</span>) OJ C 34, 2.2.2015.