Eulex Kosovo v SC ( - - Judgment) [2024] EUECJ C-785/22P (18 January 2024)

Eulex Kosovo v SC ( - - Judgment) [2024] EUECJ C-785/22P (18 January 2024)

An appeal against a judgment by default is inadmissible when an application to set aside that judgment is pending, as the judgment is not final within the meaning of Article 56 of the Statute of the Court of Justice of the European Union.

Source-derived case information.

Citation
[2024] EUECJ C-785/22P
Parties
Applicant: SC; Respondent: Eulex Kosovo
Jurisdiction
European Union
Judgment Date
18 January 2024
Procedural Posture
Appeal / Dismissal of Appeal Due to Non Finality
Outcome
appeal dismissed as inadmissible
Legal Topics
Appeals, Judgments by Default, Jurisdiction, Admissibility, Compensation for Damage
European Union Law Employment Law Procedural Law Appeals Judgments by Default Jurisdiction Admissibility Compensation for Damage

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Parties

SC

Applicant

Eulex Kosovo

Respondent

Procedural Posture

Appeal / Dismissal of Appeal Due to Non Finality

Legal Issues

  1. 1 Is an appeal against a judgment by default admissible when an application to set aside that judgment is pending?
  2. 2 Does the exercise of the remedy to set aside a judgment by default render the judgment non-final for appeal purposes?

Ratio Decidendi

An appeal against a judgment by default is inadmissible when an application to set aside that judgment is pending, as the judgment is not final within the meaning of Article 56 of the Statute of the Court of Justice of the European Union.

Court Disposition

appeal dismissed as inadmissible

Orders

  • Eulex Kosovo to pay the costs relating to the present appeal proceedings