CELEX: 62015CA0551
Language: en
Date: 2017-03-09 00:00:00
Title: Case C-551/15: Judgment of the Court (Second Chamber) of 9 March 2017 (request for a preliminary ruling from the Općinski sud u Puli-Pola -Croatia) — Pula Parking d.o.o. v Sven Klaus Tederahn (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Temporal and material scope — Civil and commercial matters — Enforcement proceedings relating to the recovery of an unpaid public parking debt — Included — Concept of ‘court’ — Notary who has issued a writ of execution based on an ‘authentic document’)

8.5.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 144/9
            
         Judgment of the Court (Second Chamber) of 9 March 2017 (request for a preliminary ruling from the Općinski sud u Puli-Pola -Croatia) — Pula Parking d.o.o. v Sven Klaus Tederahn
   (Case C-551/15) (1)
   
   ((Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EU) No 1215/2012 - Temporal and material scope - Civil and commercial matters - Enforcement proceedings relating to the recovery of an unpaid public parking debt - Included - Concept of ‘court’ - Notary who has issued a writ of execution based on an ‘authentic document’))
   (2017/C 144/11)
   Language of the case: Croatian
   
      Referring court
   
   Općinski sud u Puli-Pola
   
      Parties to the main proceedings
   
   
      Applicant: Pula Parking d.o.o.
   
      Defendant: Sven Klaus Tederahn
   
      Operative part of the judgment
   
   
               1.
            
            
               Article 1(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 meaning that enforcement proceedings brought by a company owned by a local authority against a natural person domiciled in another Member State, for the purposes of recovering an unpaid debt for parking in a public car park, the operation of which has been delegated to that company by that authority, which are not in any way punitive but merely constitute consideration for a service provided, fall within the scope of that regulation.
            
         
               2.
            
            
               Regulation No 1215/2012 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.
            
         
      (1)  OJ C 48, 8.2.2016.