Judgment — ECLI:EU:C:2017:972
Date: 2017-12-14
Language of the case: Polish
Court formation: Seventh Chamber
Subject matter: Area of freedom, security and justice;Judicial cooperation in civil matters
Procedure: Reference for a preliminary ruling
Origin: Poland

Summary — Judgment of the Court (Seventh Chamber), 14 December 2017 Judicial cooperation in civil matters — Creation of a European Enforcement Order for uncontested claims — Regulation No 805/2004 — Enforcement orders capable of being certified — An enforceable decision on the amount of costs related to court proceedings, contained in a judgment which does not relate to an uncontested claim — Not included (European Parliament and Council Regulation No 805/2004, Arts 4(1) and 7) Article 4(1) and Article 7 of 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 must be interpreted as meaning that an enforceable decision on the amount of costs related to court proceedings, contained in a judgment which does not relate to an uncontested claim, cannot be certified as a European Enforcement Order. The use of the word ‘also’ in the wording of Article 7 of the regulation indicates that an ‘enforceable decision on the amount of costs related to the court proceedings’ is to be certified as a European Enforcement Order only in the case where the actual judgment, in keeping with the purpose of the regulation, relates to an uncontested claim. (see paras 30, 35, operative part)