The Weekly Law Reports
[2014] 1 WLR 2486
Court of Justice of the European Union
*Vapenik
v
Thurner
(Case C-508/12)
EU:C:2013:790
2013 Dec 5
President of Chamber M Safjan, Judges J Malenovský, A Prechal Advocate General P Cruz Villalón
European Union— Judgment— Recognition and enforcement in other member states— Creditor domiciled in Austria concluding loan agreement with debtor domiciled in Belgium— Neither party engaged in commercial or professional activities— Debtor defaulting— Creditor obtaining judgment in Austria in uncontested proceedings— Creditor applying to Austrian court for certification of judgment as European enforcement order to enable enforcement in Belgium— Certification available in cases where debtor acting as consumer only if judgment given in state of debtor’s domicile— Whether debtor “consumer” where creditor also not acting within trade or profession— Whether requirement for certification as European enforcement order satisfied—
Parliament and Council Regulation (EC) No 805/2004, art 6(1)(d)
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