– in the case of the provision of services, the place in a Member State where, under the contract, the services were provided or should have been provided – in the case of the sale of goods, the place in a Member State where, under the contract, the goods were delivered or should have been delivered, (b) for the purpose of this provision and unless otherwise agreed, the place of performance of the obligation in question shall be: (1) (a) in matters relating to a contract, in the courts for the place of performance of the obligation in question, ‘A person domiciled in a Member State may be sued in another Member State: Article 7 of the Brussels Recast Regulation, which comes under a section titled ‘Special jurisdiction’, provides as follows: However, Article 5 of that regulation provides that such a person may, by way of derogation, also be sued in the courts of another Member State, but ‘only by virtue of the rules set out in Sections 2 to 7 of Chapter’.ħ. Article 4 of that regulation sets out the ‘home State’ rule which requires that persons domiciled in a Member State, whatever their nationality, be sued in the courts of that Member State. It shall not extend, in particular, to revenue, customs or administrative matters or to the liability of the State for acts and omissions in the exercise of State authority ( acta iure imperii).’Ħ. This Regulation shall apply in civil and commercial matters whatever the nature of the court or tribunal. According to Article 1(1) of the Brussels Recast Regulation: That referring court seeks guidance on, amongst other things: (i) the test for determining whether a dispute relates to ‘civil and commercial matters’ within the meaning of Regulation (EC) No 1393/2007 ( 3) (‘the Service Regulation’) and Regulation (EU) No 1215/2012 ( 4) (‘the Brussels Recast Regulation’) (ii) whether notaries in Croatia may transmit writs of execution to persons residing in other Member States within the framework of the Service Regulation and, (iii) under which specific head of jurisdiction could such disputes fall pursuant to the rules of the Brussels Recast Regulation.ĥ. It is within this context that the Visoki trgovački sud Republike Hrvatske (High Commercial Court of the Republic of Croatia), after two lower national courts declined jurisdiction, is seised with a conflict of jurisdiction over a challenge to such a writ issued by a notary.Ĥ. This not only causes some unease with regard to the structure as a whole, but it also creates taxonomic frictions with(in) EU private law instruments.
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The subsequent enforcement of such a claim is also not designed to be a matter for the courts, but rather, at least at first instance, for notaries.ģ. A matter commonly perceived in other Member States to be administrative in nature is entrusted to private entities.
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This case is another episode in what has now become a rather rich procedural saga of unpaid parking tickets and notaries. ( 2) The crux of the problem appears to be a certain double privatisation carried out by the Croatian legislature at both management and enforcement level. The applicant thus sought enforcement thereof through a writ of execution issued by a notary in Croatia, which was served on the defendant in Slovenia.Ģ. The applicant issued a daily parking ticket, which remained unpaid. A parking ticket was not on display in that car. It inspected a car owned by the defendant parked in a designated parking space on a public street. The applicant is a private entity tasked with managing public parking areas in Zadar (Croatia). (Reference for a preliminary reference – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Regulation (EC) No 1393/2007 – Concept of ‘civil and commercial matters’ – Service of ‘judicial’ or ‘extrajudicial’ documents – Undesignated ‘transmitting agencies’ – Notary issuing a writ of execution based on an ‘authentic document’ – ‘Special’ or ‘exclusive’ jurisdiction for parking on a public road)ġ. (Request for a preliminary ruling from the Visoki trgovački sud Republike Hrvatske (High Commercial Court of the Republic of Croatia))