Activities of Lidia Joanna GERINGER DE OEDENBERG related to 2013/0403(COD)
Plenary speeches (2)
European small claims procedure and European order for payment procedure (debate) PL
European small claims procedure and European order for payment procedure (debate) PL
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 861/2007 of the European Parliament and the Council of 11 July 2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure PDF (514 KB) DOC (330 KB)
Legal basis opinions (0)
Amendments (1)
Amendment 83 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Regulation (EC) No 1896/2006
Article 20
Article 20
Article 2 a Article 20 of Regulation (EC) No 1896/2006 is replaced by the following: "Article 20 Minimum standards for review of the judgment 1. After expiry of the time limit laid down in Article 16(2), the defendant shall be entitled to apply for a review of the European order for payment before the court or tribunal with jurisdiction of the Member State where the order was issued, if: (a) the order for payment was not served in sufficient time and in such a way as to enable him to arrange for his defence; or (b) the defendant was prevented from objecting to the claim by reason of force majeure or due to extraordinary circumstances without any fault on his part; However, the entitlement to apply for a review as provided for in the first subparagraph shall not apply where the defendant failed to challenge the judgment when it was possible for him to do so. 2 After expiry of the time limit laid down in Article 16(2), the defendant shall also be entitled to apply for a review of the European order for payment before the competent court in the Member State of origin, in the event that the order for payment was clearly wrongly issued, having regard to the requirements laid down in this Regulation, or due to other exceptional circumstances. 3. The time limit for applying for a review shall be 30 days. It shall run from the day the defendant was effectively acquainted with the contents of the order and was able to react, at the latest from the date of the first enforcement measure having the effect of making property of the defendant non-disposable in whole or in part. No extension of the time limit may be granted on account of distance. 4. If the court rejects the application for a review referred to in paragraph 1 or 2 on the basis that none of the grounds for a review set out in those paragraphs apply, the European order for payment shall remain in force. If the court decides that a review is justified for one of the reasons laid down in paragraph 1 or 2, the European order for payment shall be null and void. However, the creditor shall not lose the benefit of the interruption of prescription or limitation periods."