|
23.4.2018 |
EN |
Official Journal of the European Union |
C 142/15 |
Judgment of the Court (Seventh Chamber) of 28 February 2018 (request for a preliminary ruling from the Tartu Maakohus — Estonia) — Collect Inkasso OÜ and Others v Rain Aint and Others
(Case C-289/17) (1)
((Reference for a preliminary ruling - Judicial cooperation in civil and commercial matters - Regulation (EC) No 805/2004 - European enforcement order for uncontested claims - Requirements for certification - Minimum standards for uncontested claims procedures - Rights of the debtor - No indication of the address of the institution to which a notice may be addressed contesting the claim or before which an appeal against the decision may be brought))
(2018/C 142/20)
Language of the case: Estonian
Referring court
Tartu Maakohus
Parties to the main proceedings
Applicants: Collect Inkasso OÜ, ITM Inkasso OÜ, Bigbank AS
Defendants: Rain Aint, Lauri Palm, Raiko Oikimus, Egle Noor, Artjom Konjarov
Operative part of the judgment
Article 17(a) and Article 18(1)(b) 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 a court judgment delivered without the debtor having been informed of the address of the court to which to respond or before which to appear, or, as appropriate, before which an appeal can be lodged against such a decision, cannot be certified as a European Enforcement Order.