Request for a preliminary ruling from the Općinski sud u Novom Zagrebu (Croatia) lodged on 11 September 2015 — Ibrica Zulfikarpašić v Slaven Gajer

(Case C-484/15)

(2015/C 389/21)

Language of the case: Croatian

Referring court

Općinski sud u Novom Zagrebu, Stalna služba u Samoboru

Parties to the main proceedings

Applicant: Ibrica Zulfikarpašić

Defendant: Slaven Gajer

Question referred

A ruling is sought from the Court of Justice of the European Union as to whether the provisions of the Law on Enforcement, concerning the European Enforcement Order, comply with Regulation (EC) No 805/2004, (1) that is to say whether, in the Republic of Croatia in relation to the issue of a writ of execution based on an authentic document in enforcement proceedings, the term ‘court’ includes notaries, whether notaries can issue European Enforcement Orders in respect of definitive and enforceable writs of execution based on authentic documents when those writs have not been contested, and where the answer is in the negative, whether the courts can issue European Enforcement Orders in respect of writs of execution based on an authentic document prepared by a notary, when the content of those writs relates to uncontested claims, and in such a case what form should be used.

(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).