Cross-border Debt Recovery Blog
by Marco Sposini
Laywer, Milan Bar Association
Worldwide debt recovery news
The ECJ on cross-border service of a European order for payment under Regulation (EC) No 1896/2006 and Regulation (EC) No 1393/2007
5 December 2024
The Court of Justice of the European Union, by judgment ECLI:EU:C:2024:1001, dated 5 December 2024, in Case C‑389/23 – in proceedings between Bulgarfrukt Fruchthandels GmbH, a limited liability company established in Germany, and Oranzherii Gimel II EOOD, a one-person limited liability company established in Bulgaria, concerning the enforcement of a European order for payment – ruled that the provisions of Regulation (EC) No 1896/2006 creating a European order for payment procedure, read in conjunction with those of Regulation (EC) No 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters, must be interpreted as not precluding national legislation under which, where a European order for payment has not been served on the defendant or has not been served on him or her in a manner which complies with the minimum standards laid down in Articles 13 to 15 of Regulation No 1896/2006, the court before which a remedy against that order is sought is obliged to annul that order.
The text is available here