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Case C-511/14: Request for a preliminary ruling from the Tribunale civile di Bologna (Italy) lodged on 14 November 2014 — Pebros Servizi s.r.l. v Aston Martin Lagonda Limited
ECLI:EU:UNKNOWN:62014CN0511
62014CN0511
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EN
Official Journal of the European Union
C 34/10
(Case C-511/14)
(2015/C 034/10)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Pebros Servizi s.r.l.
Defendant: Aston Martin Lagonda Limited
Question referred
In the case of a judgment in default (of appearance), given against the defendant in default of appearance/failing to appear without, moreover, there being any express acknowledgement of the law by the defendant in default/failing to appear;
Is it for national law to decide whether such procedural conduct amounts to non-contestation, for the purposes of Regulation No 805/2004/EC of 21 April 2004 (1), published in the Official Journal of the European Union of 30 April 2004, which could possibly, under national law, negate the uncontested nature of the claim
Does a judgment in default of appearance constitute, by reason of its very nature alone, on the basis of EU law, non-contestation, with the result that Regulation No 805/2004 applies, irrespective of the assessment of the national court?
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 (OJ 2004 L 143, p. 15).