CELEX: 62015CA0484
Language: en
Date: 2017-03-09 00:00:00
Title: Case C-484/15: Judgment of the Court (Second Chamber) of 9 March 2017 (request for a preliminary ruling from the Općinski sud u Novom Zagrebu — Croatia) — Ibrica Zulfikarpašić v Slaven Gajer (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 805/2004 — European Enforcement Order for uncontested claims — Requirements for certification as a European Enforcement Order — Concept of ‘court’ — Notary who has issued a writ of execution based on an ‘authentic document’ — Authentic instrument)

8.5.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 144/8
            
         Judgment of the Court (Second Chamber) of 9 March 2017 (request for a preliminary ruling from the Općinski sud u Novom Zagrebu — Croatia) — Ibrica Zulfikarpašić v Slaven Gajer
   (Case C-484/15) (1)
   
   ((Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EC) No 805/2004 - European Enforcement Order for uncontested claims - Requirements for certification as a European Enforcement Order - Concept of ‘court’ - Notary who has issued a writ of execution based on an ‘authentic document’ - Authentic instrument))
   (2017/C 144/10)
   Language of the case: Croatian
   
      Referring court
   
   Općinski sud u Novom Zagrebu
   
      Parties to the main proceedings
   
   
      Applicant: Ibrica Zulfikarpašić
   
      Defendant: Slaven Gajer
   
      Operative part of the judgment
   
   
               1.
            
            
               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, in Croatia, notaries, acting within the framework of the powers conferred on them by national law in enforcement proceedings based on an ‘authentic document’, do not fall within the concept of ‘court’ within the meaning of that regulation.
            
         
               2.
            
            
               Regulation No 805/2004 must be interpreted as meaning that a writ of execution adopted by a notary, in Croatia, based on an ‘authentic document’, and which has not been contested may not be certified as a European Enforcement Order since it does not relate to an uncontested claim within the meaning of Article 3(1) of that regulation.
            
         
      (1)  OJ C 389, 23.11.2015.