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The last issue of the “Revue critique de droit international privé” will shortly be released. It contains several casenotes and one article, authored by Professor Andrea Bonomi (Lausanne University): « La compétence internationale en matière de divorce. Quelques suggestions pour une (improbable) révision du règlement Bruxelles IIbis ».
A full table of contents is available here.
On 14 December 2017 the CJEU has ruled on the scope of the Regulation (EC) No 805/2004 European Enforcement Order for uncontested claims – Case C-66/17.
As stated by the CJEU, ‘Article 4(1) and Article 7 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 an enforceable decision on the amount of costs related to court proceedings, contained in a judgment which does not relate to an uncontested claim, cannot be certified as a European Enforcement Order.’
In the meantime, given the definition of an uncontested claim, a EEO can be issued only in relation to a condemnatory decision, not in relation to a declaratory one.
Facts and main proceedings
Mr and Mrs Chudas had brought a declaratory action before a Polish court of first instance to establish whether they had acquired the right of ownership over a motor vehicle. The DA Deutsche Allgemeine Versicherung Aktiengesellschaft (Germany) was summoned to appear in the proceedings as defendant, but did not appear.
The court delivered a default judgment, in which it held that Mr and Mrs Chuda? had acquired the right of ownership over the motor vehicle and ordered DA Deutsche Allgemeine Versicherung Aktiengesellschaft to pay the costs of the proceedings. Mr and Mrs Chudas then initiated the procedure in order to have to the costs of the proceedings certified as a European Enforcement Order.
The District court had doubts as to whether the type of decision felt within the substantive scope of the Regulation No 805/2004 and referred following question to the Court of Justice for a preliminary ruling.
Question for a preliminary ruling
 ‘Should Article 4(1) of Regulation … No 805/2004 …, read in conjunction with Article 7 of that regulation, be interpreted as meaning that a European Enforcement Order certificate may be issued in respect of a decision concerning reimbursement of the costs of proceedings contained in a judgment in which a court has established the existence of a right?’
According to the CJEU,
 Article 4(1) of that regulation defines a ‘judgment’ as encompassing any judgment given by a court or tribunal of a Member State, including ‘the determination of costs or expenses by an officer of the court’. Second, an enforceable decision on the amount of costs related to the court proceedings amounts, in principle, to a ‘claim’ within the meaning of the definition of that term provided by Article 4(2) of the regulation.
 However, as has been noted in paragraph 29 of the present judgment, under the specific provisions governing costs related to court proceedings laid down in Article 7 of Regulation No 805/2004, a decision on the amount of such costs cannot be certified as a European Enforcement Order independently of a judgment on an uncontested claim. In so far as the decision on those costs is intrinsically linked to the outcome of the principal action, which alone justifies the certification of a judgment as a European Enforcement Order, the definitions laid down in Article 4 of that regulation cannot affect the applicability of the regulation.
An international seminar on new procedural legislation in civil and family matters will be held from 13 to 15 February 2018 in Toluca, Mexico. This seminar is being supported by the Conferencia Nacional de Gobernadores (Conago – National Conference of Governors) and there is no registration fee. There will be speakers from Argentina, Mexico, Spain and Germany.
This seminar will showcase two important Mexican initiatives: the draft National Law on Private International Law and the future National Code of Civil and Family Procedure. The former is an initiative of the Mexican Academy of Private International and Comparative Law (Amedip) and other stakeholders. The latter is the result of a groundbreaking reform by the Mexican Congress passed last year which intends to put in place one single code of procedure in civil and family matters in all Mexican states (32) (to replicate the recent experience in criminal matters). This is particularly interesting given that Mexico is a federal State and each state has competence to legislate on matters of civil procedure and as a result, has passed its own code.
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