IC2BE C-324/12 Novontech-Zala kft.

Summary

The reference was made in proceedings between Novontech-Zala kft. (“Novontech Zala”), whose registered office is in Hungary, and Logicdata Electronic & Software Entwicklungs GmbH (“Logicdata”), whose registered office is in Austria. An application for a European order for payment was brought against Novontech-Zala. The court ordered the order and the order was served. The lawyer of Novontech-Zala lodged a statement of opposition after the expiry of the time-limit of 30 days laid down in Article 16(2) of Regulation No 1896/2006. The Bezirksgericht dismissed the opposition because it was out of time. Novontech-Zala challenged the order rejecting the opposition, asking the Bezirksgericht to review the order for payment in accordance with Article 20 of Regulation No 1896/2006. The court dismissed the application for review. Novontech-Zala appealed against that order before the referring court, arguing that the court of first instance had not applied the correct legal rules in reaching its assessment and that that court was required to carry out a review of the European order for payment pursuant to Article 20 of Regulation No 1896/2006. In these circumstances the Handelsgericht Wien decided to stay the proceedings and to refer questions to the Court. The court decides that the failure to observe the time-limit for lodging a statement of opposition to a European order for payment, by reason of the negligence of the defendant’s representative, does not justify a review of that order for payment, since such a failure to observe the time-limit does not constitute extraordinary circumstances within the meaning of Article 20(1)b or exceptional circumstances within the meaning of Article 20(2 of Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure.