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Case C-70/15: Judgment of the Court (Second Chamber) of 7 July 2016 (request for a preliminary ruling from the Sąd Najwyższy — Poland) — Emmanuel Lebek v Janusz Domino (Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 34(2) — Defendant not entering an appearance — Recognition and enforcement of judgments — Grounds for refusing enforcement — Document instituting proceedings not served on the defendant in sufficient time — Concept of ‘proceedings to challenge a judgment’ — Application for relief — Regulation (EC) No 1393/2007 — Article 19(4) — Service of judicial and extrajudicial documents — Period within which an application for relief may be submitted)
ECLI:EU:UNKNOWN:62015CA0070
62015CA0070
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12.9.2016
Official Journal of the European Union
C 335/12
(Case C-70/15) (<span class="super">1</span>)
((Judicial cooperation in civil matters - Regulation (EC) No 44/2001 - Article 34(2) - Defendant not entering an appearance - Recognition and enforcement of judgments - Grounds for refusing enforcement - Document instituting proceedings not served on the defendant in sufficient time - Concept of ‘proceedings to challenge a judgment’ - Application for relief - Regulation (EC) No 1393/2007 - Article 19(4) - Service of judicial and extrajudicial documents - Period within which an application for relief may be submitted))
(2016/C 335/15)
Language of the case: Polish
Referring court
Parties to the main proceedings
Appellant: Emmanuel Lebek
Respondent: Janusz Domino
Operative part of the judgment
1.The concept of ‘proceedings to challenge a judgment’ referred to in Article 34(2) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as also including applications for relief when the period for bringing an ordinary challenge has expired.
2.The last subparagraph of Article 19(4) of 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 must be interpreted as excluding the application of provisions of national law concerning the system of applying for relief where the period for filing such applications, as specified in the communication of a Member State to which that provision refers, has expired.
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Language of the case: Polish.
ECLI:EU:C:2016:140
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(<span class="super">1</span>) OJ C 171, 26.5.2015.