CELEX: 62014CN0245
Language: en
Date: 2014-05-21 00:00:00
Title: Case C-245/14: Request for a preliminary ruling from the Handelsgericht Wien (Austria) lodged on 21 May 2014  — Thomas Cook Belgium NV v Thurner Hotel GmbH

8.9.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 303/10
            
         Request for a preliminary ruling from the Handelsgericht Wien (Austria) lodged on 21 May 2014 — Thomas Cook Belgium NV v Thurner Hotel GmbH
   (Case C-245/14)
   2014/C 303/13
   Language of the case: German
   
      Referring court
   
   Handelsgericht Wien
   
      Parties to the main proceedings
   
   
      Appellant: Thomas Cook Belgium NV
   
      Respondent: Thurner Hotel GmbH
   
      Questions referred
   
   
               1.
            
            
               Is Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure (‘Regulation No 1896/2006’) (1) to be interpreted as meaning that a defendant may apply for a review by the competent court of the European order for payment in accordance with Article 20(2) of Regulation No 1896/2006 also where the order for payment was effectively served on him but was issued by a court which lacks jurisdiction on the basis of the information relating to jurisdiction provided in the application form?
            
         
               2.
            
            
               If the answer to Question 1 is in the affirmative: Do exceptional circumstances within the meaning of Article 20(2) of Regulation No 1896/2006 already exist in accordance with paragraph 25 of European Commission Notice 2004/0055 of 7 February 2006 where the European order for payment was issued on the basis of information provided in the application form which may subsequently prove to be inaccurate, particularly where the jurisdiction of the court depends on that information?
            
         
      (1)  OJ 2006 L 399, p. 1.