CELEX: 62012CA0508
Language: en
Date: 2013-12-05 00:00:00
Title: Case C-508/12: Judgment of the Court (Ninth Chamber) of 5 December 2013 (request for a preliminary ruling from the Landesgericht Salzburg — Austria) — Walter Vapenik v Josef Thurner (Area of freedom, security and justice — Regulation (EC) No 805/2004 — European enforcement order for uncontested claims — Requirements for certification as an enforcement order — Situation in which the judgment was given in the Member State of the creditor in a dispute between two persons not engaged in commercial or professional activities)

15.2.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 45/14
            
         Judgment of the Court (Ninth Chamber) of 5 December 2013 (request for a preliminary ruling from the Landesgericht Salzburg — Austria) — Walter Vapenik v Josef Thurner
   (Case C-508/12) (1)
   
   (Area of freedom, security and justice - Regulation (EC) No 805/2004 - European enforcement order for uncontested claims - Requirements for certification as an enforcement order - Situation in which the judgment was given in the Member State of the creditor in a dispute between two persons not engaged in commercial or professional activities)
   2014/C 45/25
   Language of the case: German
   
      Referring court
   
   Landesgericht Salzburg
   
      Parties to the main proceedings
   
   
      Applicant: Walter Vapenik
   
      Defendant: Josef Thurner
   
      Re:
   
   Request for a preliminary ruling — Landesgericht Salzburg — Interpretation of Article 6(1)(d) 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 (OJ 2004 L 143, p. 15) — Conditions for certification as an enforcement order in a decision relating to an uncontested claim — Situation in which the decision has been delivered in the creditor’s Member State in a dispute between two consumers.
   
      Operative part of the judgment
   
   Article 6(1)(d) 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 it does not apply to contracts concluded between two persons who are not engaged in commercial or professional activities.
   
      (1)  OJ C 46, 16.2.2013.