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Germany / Local Court Wedding, European Dunning Court / 70b C 17/14

Defendant's request for judicial review of an order for payment

Policy area:
Economic and monetary affairs
Deciding Body type:
National Court/Tribunal
Deciding Body:
Germany / Local Court Wedding – European Dunning Court Germany
Decision date:

Key facts of the case:

The Local Court Wedding issued an European order for payment at the request of the applicant. The order was deliverd by registered letter, return receipt requested. After 4 month a declaration of enforceability was given which the defendant requested to be judicially reviewed by the Local Court. She claimded that the delivery was not effective as the payment was not delivered by a court officer which according to French law would have been necessary. She based her request on Article 20 EuMVVO which allows a review in case the delivery was effective and the 30 days time-line for objection was expired. The Local Court considered Article 20 not applicalble as the delivery was not effective and referred to the corresponding legal position of the ECJ. According to the ECJ the legal basis for protection has to be stipulated in national law. After reviewing the applicability of possible legal norms the Local Court came to the conclusion that the German law does not provide a norm being directly applicable and in order to avoid a legal protection gap it suggested the application by analogy of Section 11 (1) RPflG, 732 ZPO. While doing so the Court referred to Article 19, 103 (1) Basis Law, Article 6 of the European Convention for Human Rights and Article 47 of the Charter of Fundamental Rights of the European Union.