CELEX: 62014CA0245
Language: en
Date: 2015-10-22 00:00:00
Title: Case C-245/14: Judgment of the Court (Fourth Chamber) of 22 October 2015 (request for a preliminary ruling from the Handelsgericht Wien — Austria) — Thomas Cook Belgium NV v Thurner Hotel GmbH (Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EC) No 1896/2006 — European order for payment procedure — Late statement of opposition — Article 20(2) — Application for review of the European order for payment — Objection to the jurisdiction of the court of origin — European order for payment wrongly issued having regard to the requirements laid down in the regulation — Not ‘clearly’ wrongly issued — No ‘exceptional’ circumstances)

14.12.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 414/5
            
         Judgment of the Court (Fourth Chamber) of 22 October 2015 (request for a preliminary ruling from the Handelsgericht Wien — Austria) — Thomas Cook Belgium NV v Thurner Hotel GmbH
   (Case C-245/14) (1)
   
   ((Reference for a preliminary ruling - Area of freedom, security and justice - Regulation (EC) No 1896/2006 - European order for payment procedure - Late statement of opposition - Article 20(2) - Application for review of the European order for payment - Objection to the jurisdiction of the court of origin - European order for payment wrongly issued having regard to the requirements laid down in the regulation - Not ‘clearly’ wrongly issued - No ‘exceptional’ circumstances))
   (2015/C 414/07)
   Language of the case: German
   
      Referring court
   
   Handelsgericht Wien
   
      Parties to the main proceedings
   
   
      Applicant: Thomas Cook Belgium NV
   
      Defendant: Thurner Hotel GmbH
   
      Operative part of the judgment
   
   Article 20(2) of Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure, as amended by Commission Regulation (EU) No 936/2012 of 4 October 2012, must be interpreted as precluding, in circumstances such as those at issue in the main proceedings, a defendant on whom a European order for payment has been served in accordance with that regulation from being entitled to apply for a review of that order by claiming that the court of origin incorrectly held that it had jurisdiction on the basis of allegedly false information provided by the claimant in the application form.
   
      (1)  OJ C 303, 8.9.2014.