Tribunal da Relação de Guimarães; 2021-06-22; 2950/23.7T8BRG.G1
Decision by national courts in the field of European Union law — ECLI:PT:TRG:2024:2950.23.7T8BRG.G1.16
Date: 2024-04-11
Subject matter: Judicial cooperation in civil matters
Origin: Portugal

82024PT0411(51)_ENG_SUMJURE
JURE summary
JURE summary
The interpretation of the Regulations must be carried out in accordance with the case law of the Court of Justice of the European Union.
Accordingly, a Portuguese court with international jurisdiction for enforcement proceedings based on a judicial decision delivered in another Member State, certified as a European Enforcement Order concerning an uncontested claim, in the absence of the debtor, may not declare the nullity of the service of process effected in the declaratory proceedings by the court of origin, on the grounds that the relevant documents were not written in, or accompanied by a translation into, a language which that defendant understands or into an official language of the Member State addressed, where the form provided for in Article 8 of Regulation (EC) No 1393/2007 (1) and set out in Annex II thereto was not served.
The Court of Justice of the European Union has held that Regulation (EC) No 1393/2007 must be interpreted as precluding national legislation under which the omission of the form referred to in Article 8 and Annex II to that Regulation results in the service or notification being deemed invalid. That Court considered that the Regulation requires such an omission to be remedied by serving the addressee with the said form.
This interpretation does not prejudice the defendant’s rights of defence, since, under Article 19 of Regulation (EC) No 805/2004 (2), they have the right to request a review of the decision by the court of origin, particularly if they were unable to contest the claim due to force majeure or exceptional circumstances without any fault on his part. Moreover, having requested such a review, they can apply for the enforcement proceedings to be suspended or limited, in accordance with Article 23 of that Regulation.
(1) Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000.
(2) Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims.