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European Observer on fundamental right's respect

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Case Law C- 292/10 (15/03/2012)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/15/2012

Subject: According to the Court, European Union law does not preclude the issue of judgment by default against a defendant on whom, given that it is impossible to locate him, the document instituting proceedings has been served by public notice under national law, provided that the court saised of the matter has first satisfied itself that all investigations required by the principles of diligence and good faith have been undertaken to trace the defendant. However, European Union law must be interpreted as precluding certification as a European Enforcement Order of a judgment by default issued against a defendant whose address is unknown. Finally, “Directive on electronic commerce” does not apply to a situation where the place of establishment of the information society services provider is unknown, since application of that provision is subject to identification of the Member State in whose territory the service provider in question is actually established.

Parties: G c. Cornelius de Visser

Classification: Freedoms - Art. 15 Freedom to provide services - Justice - Art. 47 Justice: remedy

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