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Monitory Proceeding

Enforceability of correct notification to creditors in the European order for payment procedure.

In its sentence of 4 September 2014, the EU Court of Justice (ruling on two cases, C-119/13 and C120-13) repealed two enforcements deriving from a European order for payment which failed to adequately serve notification to creditors.

The Court considered that, although Regulation 1896/2006 does not provide for a special review procedure, debtors may use the appeals that their own national procedural laws make available to them to repeal a European order for payment procedure in which the initial order for payment was not properly notified.

 

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Piero Viganego Madrid Spain
C/ Claudio Coello 113, 1º
28006
Madrid
Spain
Piero Viganego Barcelona Spain
C/ Tuset 10 1º 1ª
08006
Barcelona
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