PIL instrument(s)
European Payment Order (EPO)
Case number and/or case name
AG Berlin-Wedding, 30.05.2016 - 70b C 4/11
ECLI
ECLI:DE:AGBEWE:2016:0530.70BC4.11.0A
Publication in law review
BeckRS 2016, 10935
Details of the court
Germany, First Instance
Articles referred to by the court
European Payment Order (EPO)
Article 12
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Article 13
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Article 14
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Article 18
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Article 20
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Article 5
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Date of the judgement
30 May 2016
Appeal history
CJEU's case law cited by the court
Summary
The French applicant files an application to find that her opposition against a European order for payment was in time, after this order had never been served to her. In the alternative, she requests to declare the European order for payment to be null and void. The court refers to the preliminary ruling of the CJEU (C-119/13), which considered Art. 20 EPO not to be applicable to such cases as the present one. The court subsequently considers an application for a complaint (Klauselerinnerung) analogous to § 732 ZPO. The complaint is admissible and well founded. The service of documents to the defendant did not meet the minimum requirements in Art. 12(5), 13 ff. EPO. The issued declaration of enforceability is declared null and void.

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