RD (European Enforcement Order for uncontested claims - Judgment) [2019] EUECJ C-518/18 (27 June 2019)

RD (European Enforcement Order for uncontested claims - Judgment) [2019] EUECJ C-518/18 (27 June 2019)

Where a court is unable to obtain the defendant’s address, Regulation No 805/2004 does not allow a judicial decision relating to a debt, made following a hearing attended by neither the defendant nor the guardian ad litem, to be certified as a European Enforcement Order.

Citation
[2019] EUECJ C-518/18
Parties
Applicant: RD; Respondent: SC
Jurisdiction
European Union
Judgment Date
27 June 2019
Procedural Posture
Preliminary Ruling / Reference for Interpretation of EU Law
Outcome
Reference answered; certification as a European Enforcement Order not permitted in these circumstances.
Legal Topics
European Enforcement Order, Uncontested Claims, Service of Process, Rights of Defence
European Union Law Civil Procedure European Enforcement Order Uncontested Claims Service of Process Rights of Defence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

RD

Applicant

SC

Respondent

Procedural Posture

Preliminary Ruling / Reference for Interpretation of EU Law

Legal Issues

  1. 1 Whether a judicial decision on a debt can be certified as a European Enforcement Order when the defendant's address is unknown and neither the defendant nor the guardian ad litem attended the hearing.

Ratio Decidendi

Where a court is unable to obtain the defendant’s address, Regulation No 805/2004 does not allow a judicial decision relating to a debt, made following a hearing attended by neither the defendant nor the guardian ad litem, to be certified as a European Enforcement Order.

Court Disposition

Reference answered; certification as a European Enforcement Order not permitted in these circumstances.

Orders

  • Regulation (EC) No 805/2004 must be interpreted as meaning that, where a court is unable to obtain the defendant’s address, it does not allow a judicial decision relating to a debt, made following a hearing attended by neither the defendant nor the guardian ad litem, to be certified as a European Enforcement Order.