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Conflict of laws

European Union - European Enforcement Order - Uncontested claims - Conditions for certification - Rights of debtor - Review of judgment - FEU Treaty, art 288FEU - Parliament and Council Regulation (EC) No 805/2004, art 19

9 February 2016

Imtech Marine Belgium NV v Radio Hellenic SA

(Case C-300/14) EU:C:2015:825; [2015] WLR (D) 559

ECJ: Acting President of Fourth Chamber L Bay Larsen; Judges J Malenovský, M Safjan (Rapporteur), A Prechal, K Jürimäe; Advocate General P Cruz Villalón

  • 17 December 2015

Article 19 of Parliament and Council Regulation (EC) No 805/2004 of 21 April 2004 creating a European Enforcement Order for uncontested claims, read in the light of article 288FEU of the FEU Treaty, did not require member states to establish a review procedure in their national law such as that referred to in article 19. In order to certify a judgment delivered in absentia as a European Enforcement Order, the court ruling on such an application had to satisfy itself that its national law effectively and without exception allowed for ...

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