Request for a preliminary ruling from the Tribunale civile di Bologna (Italy) lodged on 14 November 2014 — Pebros Servizi s.r.l. v Aston Martin Lagonda Limited

(Case C-511/14)

(2015/C 034/10)

Language of the case: Italian

Referring court

Tribunale civile di Bologna

Parties to the main proceedings

Applicant: Pebros Servizi s.r.l.

Defendant: Aston Martin Lagonda Limited

Question referred

In the case of a judgment in default (of appearance), given against the defendant in default of appearance/failing to appear without, moreover, there being any express acknowledgement of the law by the defendant in default/failing to appear;

Is it for national law to decide whether such procedural conduct amounts to non-contestation, for the purposes of Regulation No 805/2004/EC of 21 April 2004 (1), published in the Official Journal of the European Union of 30 April 2004, which could possibly, under national law, negate the uncontested nature of the claim

or

Does a judgment in default of appearance constitute, by reason of its very nature alone, on the basis of EU law, non-contestation, with the result that Regulation No 805/2004 applies, irrespective of the assessment of the national court?

(1)  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 (OJ 2004 L 143, p. 15).