Case C-643/24, Manuel Costa Filhos: Judgment of the Court (Eighth Chamber) of 27 November 2025 (request for a preliminary ruling from the Supremo Tribunal de Justiça – Portugal) – Manuel Costa Filhos, Lda. v Oü Wine Port of Paldiski (Reference for a preliminary ruling – Judicial cooperation in civil matters – Rights of the defence – Regulation (EC) No 805/2004 – European Enforcement Order for uncontested claims – Article 20 – Enforcement procedure – Jurisdiction of the courts of the Member State of enforcement – Articles 21 and 23 – Grounds for the refusal, stay or limitation of enforcement – Regulation (EC) No 1393/2007 – Service of judicial and extrajudicial documents – Article 8 – Refusal to accept the document – Failure to provide a translation into either a language which the addressee understands or the official language of the Member State of enforcement or, as the case may be, one of the official languages of the place where service of the document is to be effected – Omission of the standard form set out in Annex II to Regulation No 1393/2007 – Consequences – Assessment by the courts of the Member State of origin)
Date: 2025-11-27
Institutions: Court of Justice
Subjects: claim, correspondence, enforcement of ruling, form, judicial cooperation in civil matters in the EU, official language, rights of the defence, translation








C_202600431EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2026/431


2.2.2026






Judgment of the Court (Eighth Chamber) of 27 November 2025 (request for a preliminary ruling from the Supremo Tribunal de Justiça – Portugal) – Manuel Costa Filhos, Lda. v Oü Wine Port of Paldiski


(Case C-643/24,
                (1)
Manuel Costa Filhos)

(Reference for a preliminary ruling - Judicial cooperation in civil matters - Rights of the defence - Regulation (EC) No 805/2004 - European Enforcement Order for uncontested claims - Article 20 - Enforcement procedure - Jurisdiction of the courts of the Member State of enforcement - Articles 21 and 23 - Grounds for the refusal, stay or limitation of enforcement - Regulation (EC) No 1393/2007 - Service of judicial and extrajudicial documents - Article 8 - Refusal to accept the document - Failure to provide a translation into either a language which the addressee understands or the official language of the Member State of enforcement or, as the case may be, one of the official languages of the place where service of the document is to be effected - Omission of the standard form set out in Annex II to Regulation No 1393/2007 - Consequences - Assessment by the courts of the Member State of origin)
(C/2026/431)
Language of the case: Portuguese

Referring court

Supremo Tribunal de Justiça

Parties to the main proceedings


Appellant: Manuel Costa Filhos, Lda.

Respondent: OÜ Wine Port of Paldiski

Operative part of the judgment

Article 20(1) 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 precluding legislation of the Member State of enforcement which enables the judgment debtor, in the context of the enforcement of a court decision delivered and certified as a European Enforcement Order, to oppose that enforcement on the ground that, during the proceedings which led to the delivery of that decision, the document instituting the proceedings was served on the judgment debtor by registered letter with acknowledgement of receipt, without it being written in, or accompanied by a translation into, either a language which that party understands or the official language of the Member State of enforcement or, as the case may be, one of the official languages of the place where service of that document is to be effected, and without it being accompanied by the standard form set out in Annex II to Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000, as amended by Council Regulation (EU) No 517/2013 of 13 May 2013, which enables that party to be informed of his or her right to refuse to accept the document to be served.


(1)  OJ C, C/2025/145.


ELI: http://data.europa.eu/eli/C/2026/431/oj
ISSN 1977-091X (electronic edition)