Official Journal of the European Union

C 38/5

(Case C-215/11)(1)

(Regulation (EC) No 1896/2006 - European order for payment procedure - Application for an order which does not comply with the formal requirements laid down by national law - Exhaustive nature of the requirements to be met by the application - Whether it is possible to claim the interest accrued up to the date of payment of the principal)

2013/C 38/04

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicant: Iwona Szyrocka

Defendant: SiGer Technologie GmbH

Re:

Request for a preliminary ruling — Sąd Okręgowy we Wrocławiu — Interpretation of Articles 4, 7, 8, 9 and 26 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 (OJ 2006 L 399, p. 1) — Application for a European order for payment not complying with the formal requirements laid down by the regulation on the one hand, and by national legislation on the other — Law applicable to the procedure for completion or rectification of the application — Possibility of claiming interest on the debt from the date upon which interest becomes due until the date of payment

Operative part of the judgment

1.Article 7 of Regulation (EC) No 1896/2006 of the European Parliament and the Council of 12 December 2006 creating a European order for payment procedure must be interpreted as governing exhaustively the requirements to be met by an application for a European order for payment. Pursuant to Article 25 of that regulation and subject to the conditions laid down therein, the national court remains free to determine the amount of the court fees in accordance with rules laid down by domestic law, provided that those rules are no less favourable than those governing similar domestic actions and do not make it in practice impossible or excessively difficult to exercise the rights conferred by European Union law.

2.Articles 4 and 7(2)(c) of Regulation No 1896/2006 must be interpreted as not precluding a claimant from demanding, in an application for a European order for payment, interest for the period from the date on which it falls due until the date of payment of the principal.

3.Where the defendant is ordered to pay to the claimant the interest accrued up to the date of payment of the principal, the national court is free to determine the way in which the European order for payment form, set out in Annex V to Regulation No 1896/2006, is to be completed in practice, provided that the form thus completed enables the defendant, first, to be fully aware of the decision that he is required to pay the interest accrued up to the date of payment of the principal and, second, to identify clearly the rate of interest and the date from which that interest is claimed.

(1)

OJ C 219, 23.7.2011.