OF ARTICLE 7 OF THE TREATY .
2 A CLAIM BY AN UNDERTAKING ESTABLISHED IN FRANCE , WHICH HAD SOLD AND DELIVERED SOME TEXTILES TO A TRADER RESIDENT IN THE FEDERAL REPUBLIC OF GERMANY , FOR PAYMENT OF THE BALANCE OF THE INVOICE PRICE RELATING TO THAT CONTRACT BY MEANS OF THE SUMMARY PROCEDURE KNOWN AS THE ' ' MAHNVERFAHREN ' ' HAS BEEN BROUGHT BEFORE THE GERMAN COURT . THAT PROCEDURE ENABLES THE CREDITOR TO OBTAIN AN ORDER TO PAY A SPECIFIC SUM SIMPLY AND EXPEDITIOUSLY . AFTER THE CLAIM HAS BEEN LODGED THE DEBTOR IS NOT SUMMONED OR GIVEN NOTICE TO APPEAR BEFORE THE COURT ; HE MAY HOWEVER RAISE AN OBJECTION AFTER HE HAS BEEN SERVED WITH THE SUMMARY ORDER TO PAY ( MAHNBESCHEID ) MADE BY THE COURT ON THE BASIS OF A PRINTED FORM WHICH THE CREDITOR HAS COMPLETED ; IN THE ABSENCE OF ANY OBJECTION THE ORDER TO PAY IS CONVERTED ON APPLICATION BY THE CREDITOR INTO AN ORDER FOR ENFORCEMENT ( VOLLSTRECKUNGSBESCHEID ).
3 THE AMTSGERICHT TOOK INTO ACCOUNT THE FACT THAT BEFORE 1 JULY 1977 A CLAIM COULD BE MADE USING THAT PROCEDURE FOR PAYMENT OF A DEBT EXPRESSED IN NATIONAL OR FOREIGN CURRENCY , WHILST SINCE THE ENTRY INTO FORCE ON THAT DATE OF THE SO-CALLED SIMPLIFYING LAW OF 3 DECEMBER 1976 THAT PROCEDURE MAY NO LONGER BE USED FOR OBTAINING PAYMENT OF A DEBT FROM A DEBTOR ESTABLISHED ON GERMAN TERRITORY IF THAT DEBT IS EXPRESSED IN FOREIGN CURRENCY , WHEREAS THE PROCEDURE REMAINS AVAILABLE FOR OBTAINING PAYMENT OF DEBTS EXPRESSED IN FOREIGN CURRENCY FROM A DEBTOR ESTABLISHED ABROAD .
4 IN THOSE CIRCUMSTANCES THE NATIONAL COURT HAS REFERRED TO THE COURT THE QUESTION WHETHER THAT AMENDMENT TO GERMAN PROCEDURAL LAW IS A MEASURE DISCRIMINATING AGAINST CREDITORS ESTABLISHED IN OTHER MEMBER STATES OF THE COMMUNITY WHICH IS TO BE REGARDED AS INEFFECTIVE AS FAR AS THEY ARE CONCERNED BECAUSE IT INFRINGES ARTICLE 7 OF THE TREATY .
5 ALTHOUGH THE COURT MAY NOT EXPRESS AN OPINION IN THE CONTEXT OF ARTICLE 177 OF THE TREATY ON THE VALIDITY OF A NATIONAL LAW , IT IS NEVERTHELESS COMPETENT , FOR THE PURPOSES OF COOPERATION WITH THE NATIONAL COURTS , TO EXTRACT FROM THE QUESTION THOSE ASPECTS OF COMMUNITY LAW THE INTERPRETATION OF WHICH WILL ENABLE THE NATIONAL COURT TO RESOLVE THE PROBLEMS WITH WHICH IT IS CONCERNED .
6 IT IS CLEAR FROM THE FILE ON THE CASE THAT THE AIM OF THE SIMPLIFYING LAW , WHICH IS THE CAUSE OF THE GERMAN COURT ' S UNCERTAINTY , WAS TO RATIONALIZE THE SUMMARY PROCEDURE FOR PAYMENT OF DEBTS BY RECOURSE TO COMPUTERIZATION . SINCE A TECHNICAL STUDY SHOWED THAT THE INCLUSION OF CLAIMS EXPRESSED IN FOREIGN CURRENCY IN AN ELECTRONIC PROCESSING SYSTEM WOULD CAUSE EXCESSIVE DIFFICULTIES , THE GERMAN AUTHORITIES DECIDED , IN PRINCIPLE , TO RESTRICT THE FIELD OF APPLICATION OF THE SUMMARY PROCEDURE FOR PAYMENT TO CLAIMS RELATING TO DEBTS EXPRESSED IN GERMAN CURRENCY . THEY NEVERTHELESS EXCEPTED FROM