PIL instrument(s)
European Account Preservation Order (EAPO)
Case number and/or case name
AG Berlin-Wedding, 03.04.2017 – 6a C 1001/17
Details of the court
Germany, First Instance
Articles referred to by the court
European Account Preservation Order (EAPO)
Article 4
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 2 SubParagraph d
Paragraph 2 SubParagraph e
Paragraph 4
Paragraph 8
Paragraph 10 SubParagraph a
Paragraph 10 SubParagraph b
Article 6
Date of the judgement
03 April 2017
Appeal history
CJEU's case law cited by the court
The applicant has lodged an application at the LG Bielefeld for a European Account Preservation Order according to Regulation (EU) No 655/2014. By order, the district court of Bielefeld, under designation of § 946 (2) ZPO, pointed out that it was not competent because the "AG Berlin" had issued the European order for payment. Subsequently, the applicant requested a referral to the AG Wedding. The AG Berlin-Wedding declined jurisdiction. The decision of the LG Bielefeld regarding the referral of the legal dispute to the AG Wedding was not binding on the AG Wedding. The referral had no legal basis, so that it was based on objective arbitrariness. A local and subject-matter jurisdiction of the AG Wedding for the issuing of a European Account Preservation Order was also not to be affirmed in any way. The case is submitted to the OLG Hamm in accordance with §§ 36(1) No 6, 37(1) ZPO with the request for determination of the competent court.

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