Our attorney at law, Mrs. Stawska-Höbel, won for our client in the proceedings before the national court in Berlin after the settlement of a preliminary ruling delivered by the Court of Justice of the European Union (CJEU)
As previously reported on the website, our attorney at law, Mrs. Stawska-Höbel, representing the defendant, filed an opinion in a preliminary proceedings initiated by the Amtsgericht Wedding (District Court Wedding) before the Court of Justice of the EU. The substantial question of this matter was the issue of what rights the defendant may assert, if a European payment order has not been validly served in accordance with Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 and still the court has declared the order as enforceable. The CJEU delivered its judgement in the preliminary proceedings on September 4, 2014. On this basis the Amtsgericht Wedding adopted a ruling on May 30, 2016 in which the enforceability of the European payment order has been deemed to be invalid. As part of that statement, the Amtsgericht Wedding stated that the question of remedies is unclear. So far we have been successful in this process. If the opposite side appeals, the Amtsgericht Wedding has to determine whether and what remedies shall be deemed admissible.