PIL instrument(s)
European Payment Order (EPO)
European Account Preservation Order (EAPO)
Case number and/or case name
LG Bielefeld, 23.03.2017 – 2 O 75/17
Publication in law review
Unpublished
Details of the court
Germany, First Instance
Articles referred to by the court
European Account Preservation Order (EAPO)
Article 6
Date of the judgement
23 March 2017
Appeal history
AG Berlin-Wedding, 03.04.2017 – 6a C 1001/17
OLG Hamm, 10.04.2017 – I-32 SA 28/17
CJEU's case law cited by the court
None
Summary
The creditor has lodged an application at the LG Bielefeld for a European Account Preservation Order according to Regulation (EU) No 655/2014. She has the copy of an enforceable copy of a European order for payment issued by the AG Wedding against the defendant, who is domiciled in Poland, for € 18,390.75 plus ancillary claims. Bielefeld is agreed as the place of jurisdiction for the main claim. In that regard, she refers to a likewise submitted in copy "binding order of a used car via fax". By order of 14.03.2017, the LG Bielefeld, designating § 946(2) ZPO, pointed out that it was not competent because the "AG Berlin" had issued the European order for payment. The applicant then requested a referral to the Wedding district court. By court order of 23.03.2017, the LG Bielefeld has declined jurisdiction without any justification and referred the issue to the law suit to the AG Wedding.

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