In 2009, Bit (applicant) requested an EPO against NFSI. Because NFSI lodged a defence against the request, the case was referred to trial in accordance with Art. 17 sub 1 EPO.
NFSI did not appear in court, following which the court sentenced NFSI in oktober 2010 to pay 12.194,00 euro to Bit.
In the present case, Bit requested the aforementioned verdict to be certified as a European title to enforcement, within the meaning of Art. 6 sub 1 EEO.
The court examined whether the EEO-regulation is applicable. Considering that NFSI did not appear in trial after previously contesting the claim, the court judges that Art. 3 sub 1 c is applicable and the claim is deemed non-contested.
The court considered that when a case is continued before the competent court of a Member State based on Art. 17 EPO, Art. 6 of the EPO implementation Act states that when the defendant does not appear in court, the verdict is counted as a judgment in a defended action.
Considering the aim and purpose of the EEO, this behavior by a debtor in an EPO-procedure should be equated to a tacit acknowledgement within the meaning of Art. 3 sub 1 C of the EEO-regulation.
Therefore the court granted the request.