Awaiting Parliament 1st reading / single reading / budget 1st stage
Next event: Indicative plenary sitting date, 1st reading/single reading 2015/09/08
Role | Committee | Rapporteur | Shadows |
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Opinion | IMCO | ||
Opinion | IMCO | DE JONG Dennis (GUE/NGL) | |
Opinion | ITRE | ||
Lead | JURI | GERINGER DE OEDENBERG Lidia Joanna (S&D) | BUDA Daniel (EPP), KARIM Sajjad (ECR), USPASKICH Viktor (ALDE), CHRYSOGONOS Kostas (GUE/NGL), HAUTALA Heidi (Verts/ALE) |
Lead | JURI | GERINGER DE OEDENBERG Lidia Joanna (S&D) | |
Opinion | LIBE |
Legal Basis TFEU 081-p1
Activites
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2015/09/08
Indicative plenary sitting date, 1st reading/single reading
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2015/04/23
Committee report tabled for plenary, 1st reading/single reading
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2015/04/16
Vote in committee, 1st reading/single reading
- #3354
- 2014/12/04 Council Meeting
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2014/10/20
Committee referral announced in Parliament, 1st reading/single reading
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2013/12/09
Committee referral announced in Parliament, 1st reading/single reading
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2013/11/19
Legislative proposal published
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COM(2013)0794
summary
PURPOSE: to improve the European procedure for small claims. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: Regulation 861/2007 established an alternative procedure in addition to the procedures existing under the laws of the Member States, for cross-border cases concerning claims which do not exceed EUR 2 000. The Regulation is applied in the EU (except in Denmark) as of 1 January 2009. Despite the benefits it could bring in terms of reducing the costs and time of litigating cross-border claims, the procedure is still little known and remains under-used several years after the entry into application of the Regulation. A Eurobarometer survey carried out in 2012, showed that 12% of the respondents were aware of the existence of the ESCP, with 1% of all respondents declaring that they already used the procedure. 69% of those who already used the procedure were satisfied. The survey also showed that the most important factors which would encourage citizens to go to court are: the possibility of carry out proceedings in writing without appearing in the court (33%), conducting proceedings without instructing a lawyer (26%), conducting proceedings on-line (20%) and using their own language (24%). The European Parliament affirmed in a 2011 resolution that more needs to be done in terms of legal certainty, language barriers and transparency of proceedings. It called on the Commission to take steps to ensure that consumers and businesses are made more aware and make use of existing legislative instruments, such as the European Small Claims Procedure. The Commission identified the revision of the Regulation in its 2013 EU Citizenship Report as one of the actions strengthening the rights of Union citizens, by facilitating the settlement of disputes regarding purchases made in another Member State. This initiative is included in the European Consumer Agenda. IMPACT ASSESSMENT: having carried out several consultations of interested parties, the Commission also undertook an impact assessment in support of its proposal. CONTENT : the Commission proposes to revise Regulation (EC) nº 861/2007 as follows: Extend the scope of the Regulation to cross-border claims up to EUR 10,000: raising the current threshold will allow parties to litigate a substantially bigger number of cases on the basis of the simplified European procedure. SMEs will be the main beneficiaries, but consumers will also benefit, since about one fifth of consumer claims exceed EUR 2,000. Extend the definition of cross border cases: the amendment means that the European Small Claim Procedure may be used in disputes involving parties domiciled in the same Member State which have a significant cross-border element and includes third-country residents. Improve the use of electronic means of communication, including for service of documents: the proposal will put postal service and electronic service on the same footing. For other, less important communications between the parties and the courts, the proposal will make electronic communication the rule, subject only to the agreement of the parties. Impose an obligation on courts to use videoconferencing, teleconferencing or other means of distance communication for the conduct of oral hearings and taking of evidence: oral hearings should be conducted through videoconferencing or other means of distance communication. In order to safeguard the rights of the parties, an exception will be made for the party who expressly requests to be present in court. Provide a maximum limitation on court fees charged for the procedure: the proposed amendment will not harmonise court fees in the Member States. Instead, it would set a maximum cap on court fees for applications under the Regulation, increasing the attractiveness of the procedure for claimants. The measure allows Member States to maintain a fixed minimum court fee. Provide for an obligation on the Member States to put in place on-line means of payment of court fees: when payment in cash or stamps is the only acceptable means of payment, parties may be discouraged from pursuing their claims. The proposal aims at obliging Member States to put in place distance means of payment, as a minimum bank transfers and credit/debit card on-line payment systems. Limit the requirement to translate the certificate of enforcement in Form D to only the substance of the judgment: the obligation to translate Form D imposes unnecessary costs. The amendment will limit the requirement of translation to the substance of the judgment in point 4.3 of Form D only. Impose information obligations on Member States in respect of court fees, methods of payment of court fees and the availability of assistance in filling in the forms. BUDGETARY IMPLICATIONS: the only implications for the budget of the European Union resulting from the proposed Regulation consist of the one-off costs for the preparation of a report 5 years after the date of application of the Regulation. The operational and administrative costs are estimated at EUR 437, 000 for the period 2014-2020.
- DG {'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}, JOUROVÁ Věra
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COM(2013)0794
summary
Documents
- Legislative proposal published: COM(2013)0794
- Debate in Council: 3354
Amendments | Dossier |
74 |
2013/0403(COD)
2014/11/27
JURI
74 amendments...
Amendment 13 #
Proposal for a regulation Recital 5 (5) Increasing the threshold up to EUR
Amendment 14 #
Proposal for a regulation Recital 5 (5) Increasing the threshold up to EUR
Amendment 15 #
Proposal for a regulation Recital 5 (5) Increasing the threshold up to EUR 10,000 for claims pursued against a legal person would be particularly beneficial for small and medium enterprises, which are currently discouraged from considering court action because under national ordinary or simplified procedures the costs of litigation are disproportionate to the value of the claim and/or the judicial proceedings are too lengthy. Raising the threshold would improve access to an effective and cost efficient judicial remedy
Amendment 16 #
Proposal for a regulation Recital 6 Amendment 17 #
Proposal for a regulation Recital 6 Amendment 18 #
Proposal for a regulation Recital 8 (8) The European Small Claims Procedure could be further improved by taking advantage of the technological developments in the field of justice which should eliminate geographical distance and its consequences in terms of high costs and length of proceedings as factors discouraging access to justice.
Amendment 19 #
Proposal for a regulation Recital 9 (9) To further reduce the length of the procedure, the use of modern communication technology by the parties and the courts should be
Amendment 20 #
Proposal for a regulation Recital 11 (11) The European Small Claims Procedure is essentially a written procedure. However, oral hearings may be held exceptionally where it is not possible to render the judgment on the basis of the written evidence provided by the parties. Furthermore, in order to safeguard the procedural rights of the parties, an oral hearing should always be organised upon the request of at least one of the parties where the value of the claim pursued against a legal person exceeds EUR 5,000, or the value of the claim pursued against a natural person exceeds EUR
Amendment 21 #
Proposal for a regulation Recital 11 (11) The European Small Claims Procedure is essentially a written procedure. However, oral hearings may be held exceptionally where it is not possible to render the judgment on the basis of the written evidence provided by the parties. Furthermore,
Amendment 22 #
Proposal for a regulation Recital 12 (12) Oral hearings as well as taking of evidence by means of hearings of witnesses, experts or parties, should be carried out by distance means of communication. This should not affect the right of a party to the proceedings to appear in court for the oral hearing. In the context of oral hearings and the taking of evidence, the Member States should use modern, distance means of communication enabling persons to be heard without the need to travel to the court or tribunal. Where the person heard is domiciled in a Member State other than the Member State where the court seised is located, oral hearings should be organised in accordance with the rules set out in Council Regulation (EC) No 1206/200117. Where the party to be heard is domiciled in the Member State where the court or tribunal with jurisdiction is located or in a third country, an oral hearing may be held through videoconference, teleconference or other appropriate distance communication technology in accordance with national law. A party s
Amendment 23 #
Proposal for a regulation Recital 13 (13) The potential costs of litigation
Amendment 24 #
Proposal for a regulation Recital 13 (13) The potential costs of litigation may play a role in the claimant's decision to
Amendment 25 #
Proposal for a regulation Recital 13 (13) The potential costs of litigation may play a role in the claimant's decision to consider court action. Among other costs, court fees may discourage claimants from taking court action, in particular in those Member States where court fees are disproportionate. The court fees should be proportionate to the value of the claim in order to ensure access to justice for cross- border small claims. Court fees should be set by the Member States. This Regulation does not aim at harmonising court fees; instead, it puts in place a maximum limit on court fees which would make the procedure accessible to a significant proportion of claimants, while at the same time allowing Member States wide discretion in choosing the method of calculation and the amount
Amendment 26 #
Proposal for a regulation Recital 14 (14) The payment of court fees should not require the claimant to travel or hire a lawyer for this purpose. As a minimum, bank transfers and credit
Amendment 27 #
Proposal for a regulation Recital 14 (14) The payment of court fees should not require the claimant to travel or hire a lawyer for this purpose. As a minimum, bank transfers
Amendment 28 #
Proposal for a regulation Recital 14 (14) The payment of court fees should not require the claimant to travel or hire a lawyer for this purpose. As a minimum, bank transfers and credit or debit card on- line payment systems should be accepted by all courts and tribunals with jurisdiction in European Small Claims Procedures. To this end, the role of the judicial mediator in resolving many such issues should be encouraged and developed.
Amendment 29 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 1 1. This Regulation shall apply to civil and commercial matters, whatever the nature of the court or tribunal, where the value of a claim does not exceed EUR
Amendment 30 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 1 1. This Regulation shall apply to civil and commercial matters, whatever the nature of the court or tribunal, where the value of a claim
Amendment 31 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 1 1. This Regulation shall apply to civil and commercial matters, whatever the nature of the court or tribunal, where the value of a claim does not exceed EUR
Amendment 32 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 1 1. This Regulation shall apply to civil and
Amendment 33 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 1 1. This Regulation shall apply to civil and commercial matters, whatever the nature of the court or tribunal, where the value of a claim does not exceed EUR 10,000, in the case of a claim against a natural person, or EUR 15,000 in the case of a claim against a legal person or entity assimilated to a legal person, at the time when the claim form is received by the court or tribunal with jurisdiction, excluding all interest, expenses and disbursements. It shall not extend
Amendment 34 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 1a 1a. This Regulation shall apply to natural persons, legal persons and other entities assimilated to legal persons.
Amendment 35 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 2 Amendment 36 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 2 Amendment 37 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 2 – introductory part This Regulation shall not apply where, at the time when the claim form is received by the court or tribunal with jurisdiction
Amendment 38 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 2 – point a Amendment 39 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 2 – point b Amendment 40 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 2 – point c Amendment 41 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 2 – point d Amendment 42 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 2 – point e Amendment 43 #
Proposal for a regulation Article 1 – point 1 Regulation (EC) No 861/2007 Article 2 – paragraph 3 – point f (f) employment law; in particular collective agreements.
Amendment 45 #
Proposal for a regulation Article 1 – point 2 Regulation (EC) No 861/2007 Article 3 Amendment 46 #
Proposal for a regulation Article 1 – point 3 – point a Regulation (EC) No 861/2007 Article 4 – paragraph 4 - second subparagraph The court
Amendment 47 #
Proposal for a regulation Article 1 – point 3 – point b Regulation (EC) No 861/2007 Article 4 – paragraph 5 5. Member States shall ensure that
Amendment 48 #
Proposal for a regulation Article 1 – point 4 Regulation (EC) No 861/2007 Article 5 – paragraph 1 – second subparagraph – point a Amendment 49 #
Proposal for a regulation Article 1 – point 4 Regulation (EC) No 861/2007 Article 5 – paragraph 1 – second subparagraph – point a (a) the value of the claim pursued against a legal person exceeds EUR
Amendment 50 #
Proposal for a regulation Article 1 – point 4 Regulation (EC) No 861/2007 Article 5 – paragraph 1 – second subparagraph – point b (b)
Amendment 51 #
Proposal for a regulation Article 1 – point 4 Regulation (EC) No 861/2007 Article 5 – paragraph 1 – second subparagraph – point b a (new) (ba) both parties indicate their willingness to conclude a court settlement and request a court hearing for that purpose
Amendment 52 #
Proposal for a regulation Article 1 – point 5 Regulation (EC) No 861/2007 Article 8 – paragraph 1 1.
Amendment 53 #
Proposal for a regulation Article 1 – point 5 Regulation (EC) No 861/2007 Article 8 – paragraph 1 1.
Amendment 54 #
Proposal for a regulation Article 1 – point 5 Regulation (EC) No 861/2007 Article 8 – paragraph 1 1. An oral hearing shall be held through videoconference, teleconference or other appropriate distance communication technology in accordance with Council Regulation (EC) No 1206/2001 where the party to be heard is domiciled in a Member
Amendment 55 #
Proposal for a regulation Article 1 – point 5 2. A party shall always be entitled to either appear before the court or tribunal and be heard in person
Amendment 56 #
Proposal for a regulation Article 1 – point 5 Regulation (EC) No 861/2007 Article 8 – paragraph 2 2. A party shall always be entitled to appear before the court or tribunal and be heard in person or have a witness appear and be heard before the court or tribunal in person if that party so requests.
Amendment 57 #
Proposal for a regulation Article 1 – point 5 Regulation (EC) No 861/2007 Article 8 – paragraph 2 2.
Amendment 58 #
Proposal for a regulation Article 1 – point 5 Regulation (EC) No 861/2007 Article 8 – paragraph 2 a (new) 2a. Member States shall ensure that courts and tribunals at which the European Small Claims Procedure can be commenced are provided with appropriate distance communication technology.
Amendment 59 #
Proposal for a regulation Article 1 – point 5 Regulation (EC) No 861/2007 Article 8 – paragraph 2 a (new) 2a. A party shall always be entitled to appear before the court or tribunal and be heard in person if that party so requests.
Amendment 60 #
Proposal for a regulation Article 1 – point 6 Regulation (EC) No 861/2007 Article 9 – paragraph 2 a (new) 2a. The court or tribunal shall allow the parties to address questions to the witnesses heard in writing, where it considers this necessary in order to reach a fair settlement of the claim. The court or tribunal shall forward the questions put by the parties to the witnesses, and shall inform them of the deadline by which the witnesses are obliged to provide a written answer and forward their answer to the court or tribunal.
Amendment 61 #
Proposal for a regulation Article 1 – point 6 Regulation (EC) No 861/2007 Article 9 – paragraph 2 b (new) 2b. The expert who is to be heard pursuant to paragraph 2a shall be appointed by the court or tribunal.
Amendment 62 #
Proposal for a regulation Article 1 – point 7 Regulation (EC) No 861/2007 Article 11 – paragraph 1 1. The Member States shall ensure that the parties can receive practical assistance in filling in the forms. Such assistance shall be provided free of charge and shall in particular be available for determining whether the procedure may be used to resolve the dispute concerned and for determining the court with jurisdiction, for calculating interest due and for identifying the documents which need to be attached.
Amendment 63 #
Proposal for a regulation Article 1 – point 7 Regulation (EC) No 861/2007 Article 11 – paragraph 2 a (new) 2a. Member States shall also mutually share and provide information about legal experts who provide international legal assistance and guidance concerning how to find and contact them.
Amendment 64 #
Proposal for a regulation Article 1 – point 8 Regulation (EC) No 861/2007 Article 13 – paragraph 1 1. The documents mentioned in Article 5(2) and 7(2) shall be served by postal or by electronic means attested by an acknowledgment of receipt including the date of receipt. Documents shall be served electronically only on a party who expressly accepted in advance that documents may be served electronically. Service by electronic means can also be attested by an automatic confirmation of delivery.
Amendment 65 #
Proposal for a regulation Article 1 – point 8 1. The documents mentioned in Article 5(2) and 7(2) shall be served by postal or by electronic means attested by an acknowledgment of receipt including the date of receipt. Documents shall be served electronically only on a party who expressly accepted in advance that
Amendment 66 #
Proposal for a regulation Article 1 – point 8 Regulation (EC) No 861/2007 Article 13 – paragraph 1 1. The documents mentioned in Article 5(2) and 7(2) shall be served by postal or by electronic means attested by an acknowledgment of receipt including the date of receipt. The technical procedure followed must be such that abuse is avoided and confidentiality guaranteed. Documents shall be served electronically only on a party who expressly accepted in advance that documents may be served electronically. Service by electronic means can be attested by an automatic confirmation of delivery.
Amendment 67 #
Proposal for a regulation Article 1 – point 8 Regulation (EC) No 861/2007 Article 13 – paragraph 1 1. The documents mentioned in Article
Amendment 68 #
Proposal for a regulation Article 1 – point 8 Regulation (EC) No 861/2007 Article 13 – paragraph 2 Amendment 69 #
Proposal for a regulation Article 1 – point 8 Regulation (EC) No 861/2007 Article 13 – paragraph 3 Amendment 70 #
Proposal for a regulation Article 1 – point 8 Regulation (EC) No 861/2007 Article 13 – paragraph 3 3. If service in accordance with paragraph 1 is not possible, service may be effected by any of the methods provided for in Articles 13 or 14 of Regulation (EC) No 1896/2006. If communication in accordance with paragraph 2 is not possible, any other method of communication acceptable under the national law applicable in the Member State of the court empowered to settle the small claim may be used.
Amendment 71 #
Proposal for a regulation Article 1 – point 9 Regulation (EC) No 861/2007 Article 15a – paragraph 1 1. The court fee charged for a European Small Claims Procedure shall not exceed
Amendment 72 #
Proposal for a regulation Article 1 – point 9 Regulation (EC) No 861/2007 Article 15a – paragraph 1 1. The court fee charged for a European Small Claims Procedure shall not exceed
Amendment 73 #
Proposal for a regulation Article 1 – point 9 Regulation (EC) No 861/2007 Article 15a – paragraph 1 a (new) 1a. The minimum wage level in the country concerned shall be taken into consideration when the court fees are set.
Amendment 74 #
Proposal for a regulation Article 1 – point 9 Regulation (EC) No 861/2007 Article 15a – paragraph 2 2. The Member States shall ensure two years after entry into force of the Regulation that the parties can pay the court fees by means of distance payment methods, including bank
Amendment 75 #
Proposal for a regulation Article 1 – point 9 Regulation (EC) No 861/2007 Article 15a – paragraph 2 2. The Member States shall ensure that the parties can pay the court fees by one or more means of distance payment methods, including, but not limited to, bank transfer and credit or debit card on-line payment system.
Amendment 76 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EC) No 861/2007 Article 15a – paragraph 2 a (new) 2a. As proof of payment of the fee, the Member States shall ensure that the courts or tribunals receive from the party making the small claim the payment order attesting that the bank transfer has been made using Internet banking, the confirmation of payment where the fee has been paid by credit card, or any other document on the basis of which it can be established that the fee has been paid.
Amendment 77 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EC) No 861/2007 Article 18 – paragraph 1 – point a (a) it is not proven that the defendant was
Amendment 78 #
Proposal for a regulation Article 1 – point 11 Regulation (EC) No 861/2007 Article 18 – paragraph 1 – point b a (new) (ba) it is not proven that the defendant was served with a summons to attend a hearing, or the hearing of the defendant was prevented for reasons of force majeure or by exceptional circumstances from taking place.
Amendment 79 #
Proposal for a regulation Article 1 – point 11 Regulation (EC) No 861/2007 Article 18 – paragraph 1 – point b a (new)2 (ba) the defendant was not aware of the small claim because he was not correctly summoned, either because he no longer lived at the same address, or because he was away for a lengthy period. These situations are not exhaustive.
Amendment 80 #
Proposal for a regulation Article 1 – point 16 Regulation (EC) No 861/2007 Article 28 – first paragraph By [5 years after the date of application], the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the operation of this Regulation. The report shall be accompanied, if appropriate, by legislative proposals. An interim report shall be prepared after [2 years after the date of application] which shall examine dissemination of information about the European Small Claims Procedure in the Member States, and may produce recommendations related to improving the publicity of this instrument.
Amendment 81 #
Proposal for a regulation Article 2 Regulation (EC) No 1896/2006 Article 17 – paragraph 1 – first subparagraph – point a (a) any applicable simplified procedure, in particular the procedure laid down in Regulation (EC) No 861/2007
Amendment 82 #
Proposal for a regulation Article 2 Regulation (EC) No 1896/2006 Article 17 – paragraph 1 – first subparagraph – point b (b) the ordinary civil procedure in all other cases.
Amendment 83 #
Proposal for a regulation Article 2 a (new) Regulation (EC) No 1896/2006 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."
Amendment 84 #
Proposal for a regulation Article 3 – second paragraph It shall apply from [
Amendment 85 #
Proposal for a regulation Article 3 – second paragraph It shall apply from [
Amendment 86 #
Proposal for a regulation Article 3 – second paragraph It shall apply from [
source: 544.192
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