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Case C-7/21: Judgment of the Court (Fourth Chamber) of 7 July 2022 (request for a preliminary ruling from the Bezirksgericht Bleiburg — Austria) — LKW WALTER Internationale Transportorganisation AG v CB, DF, GH (Reference for a preliminary ruling — Judicial cooperation in civil matters — Service of documents — Regulation (EC) 1393/2007 — Article 8(1) — One-week period within which the right to refuse to accept a document is to be exercised — Enforcement order made in one Member State and served in another Member State in the language of the first Member State only — Legislation of that first Member State laying down an eight-day period to lodge an objection to that order — Period for lodging an objection starting to run at the same time as the period laid down for the purpose of exercising the right to refuse to accept the document — Article 47 of the Charter of Fundamental Rights of the European Union — Right to an effective remedy)
ECLI:EU:UNKNOWN:62021CA0007
62021CA0007
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Official Journal of the European Union
C 318/5
(Case C-7/21) (1)
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Service of documents - Regulation (EC) 1393/2007 - Article 8(1) - One-week period within which the right to refuse to accept a document is to be exercised - Enforcement order made in one Member State and served in another Member State in the language of the first Member State only - Legislation of that first Member State laying down an eight-day period to lodge an objection to that order - Period for lodging an objection starting to run at the same time as the period laid down for the purpose of exercising the right to refuse to accept the document - Article 47 of the Charter of Fundamental Rights of the European Union - Right to an effective remedy)
(2022/C 318/06)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: LKW WALTER Internationale Transportorganisation AG
Defendants: CB, DF, GH
Operative part of the judgment
Article 8(1) of 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 (OJ 2007 L 324, p. 79), read in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union.
must be interpreted as precluding legislation of the Member State of the authority which issued a document to be served, pursuant to which the starting point of the one-week period referred to in Article 8(1) of that regulation, within which the addressee of such a document may refuse to accept it on one of the grounds set out in that provision, is the same as the starting point for the period within which a remedy is to be sought against that document in that Member State.
(1) OJ C 88, 15.3.2021.