Joined Cases C-208/20 and C-256/20: Judgment of the Court (Sixth Chamber) of 9 September 2021 (requests for a preliminary ruling from the Sofiyski Rayonen sad — Bulgaria) — ‘Toplofikatsia Sofia’ EAD, ‘CHEZ Elektro Bulgaria’ AD and ‘Agentsia za control na prosrocheni zadalzhenia’ EOOD (C-208/20); ‘Toplofikatsia Sofia’ EAD (C-256/20) (Reference for a preliminary ruling — Article 20(2)(a) TFEU — Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union — Regulation (EC) No 1206/2001 — Cooperation between the courts of the Member States in the taking of evidence in civil and commercial matters — Article 1(1)(a) — Regulation (EU) No 1215/2012 — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Article 5(1) — Outstanding debts — Legal decisions — Orders for payment — Service — Debtor residing at an unknown address in a Member State other than that of the court seised)
Date: 2021-09-09
Institutions: Court of Justice
Subjects: EU Member State, commercial law, debt, enforcement of ruling, injunction, judicial cooperation in civil matters in the EU, jurisdiction, residence, right to justice








C_2021471EN.01000701.xml










22.11.2021   


EN


Official Journal of the European Union


C 471/7






Judgment of the Court (Sixth Chamber) of 9 September 2021 (requests for a preliminary ruling from the Sofiyski Rayonen sad — Bulgaria) — ‘Toplofikatsia Sofia’ EAD, ‘CHEZ Elektro Bulgaria’ AD and ‘Agentsia za control na prosrocheni zadalzhenia’ EOOD (C-208/20); ‘Toplofikatsia Sofia’ EAD (C-256/20)
(Joined Cases C-208/20 and C-256/20) (1)

(Reference for a preliminary ruling - Article 20(2)(a) TFEU - Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union - Regulation (EC) No 1206/2001 - Cooperation between the courts of the Member States in the taking of evidence in civil and commercial matters - Article 1(1)(a) - Regulation (EU) No 1215/2012 - Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - Article 5(1) - Outstanding debts - Legal decisions - Orders for payment - Service - Debtor residing at an unknown address in a Member State other than that of the court seised)
(2021/C 471/08)
Language of the case: Bulgarian

Referring court

Sofiyski Rayonen sad

Parties to the main proceedings


Applicants:‘Toplofikatsia Sofia’ EAD, ‘CHEZ Elektro Bulgaria’ AD, and ‘Agentsia za control na prosrocheni zadalzhenia’ EOOD (C-208/20); ‘Toplofikatsia Sofia’ EAD (C-256/20)

Operative part of the judgment







1.


Article 1(1)(a) of Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters must be interpreted as meaning that it does not apply to a situation where the court of a Member State seeks the address, in another Member State, of a person on whom a judicial decision is to be served.










2.


Article 5(1) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as not precluding an order for payment against a debtor from becoming enforceable, and as not obliging the court to annul such an order.






(1)  OJ C 255, 3.8.2020.

OJ C 271, 17.8.2020.