CJEU - C 325/11 / Judgment

Alder v Orłowska, Orłowski
Deciding body type
Court of Justice of the European Union
Deciding body
General Court (First Chamber)
Type
Decision
Decision date
19/12/2012
  • CJEU - C 325/11 / Judgment
    Key facts of the case:
    1. This reference for a preliminary ruling concerns the interpretation of Article 1(1) of Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 (OJ 2007 L 324, p. 79) and of Article 18 TFEU.
    2. The reference has been made in the context of proceedings between, on the one hand, Mrs Alder and Mr Alder (‘Mr and Mrs Alder’) and, on the other, Mrs Orłowska and Mr Orłowski (‘Mr and Mrs Orłowski’) in relation to the application, introduced by Mr and Mrs Alder, to have proceedings resumed in the case of a claim for debt that they had brought against Mr and Mrs Orłowski. 
    Results (sanctions) and key consequences of the case:
     
    Article 1(1) of Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) and repealing Council Regulation (EC) No 1348/2000 must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, which provides that judicial documents addressed to a party whose place of residence or habitual abode is in another Member State are placed in the case file, and deemed to have been effectively served, if that party has failed to appoint a representative who is authorised to accept service and is resident in the first Member State, in which the judicial proceedings are taking place.
  • Paragraphs referring to EU Charter

     

    18, 34-42