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CJEU and European Enforcement Orders (Pebros Servizi v Aston Martin Lagonda)

CJEU and European Enforcement Orders (Pebros Servizi v Aston Martin Lagonda)
Published on: 24 June 2016
Published by: LexisPSL
  • CJEU and European Enforcement Orders (Pebros Servizi v Aston Martin Lagonda)
  • Practical implications
  • Facts
  • Was the request for a preliminary ruling admissible in this case?
  • Was the question for a preliminary ruling admissible in this case?
  • Is a judgment in default an uncontested claim for the purposes of the EEO regulation?
  • Court details

Article summary

Dispute Resolution analysis: The CJEU held that under Regulation (EC) No 805/2004 of 21 April 2004 creating a European Enforcement Order for uncontested claims (the EEO regulation) when determining whether a judgment in default is in fact an ‘uncontested claim’ the national court must make that assessment solely in accordance with the regulation and not with regard to its own national law. The regulation sets out certain requirements which the court will need to consider to determine whether they were met prior to certifying the judgment. or take a trial to read the full analysis.

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