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In its sentence of 4 September 2014, the EU Court of Justice (ruling on two cases, C-119/13 and C120-13) repealed two enforcements deriving from a European order for payment which failed to adequately serve notification to creditors.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