I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Lugano II Convention - Procedure on the recognition and enforcement of judgments - Article 34(2) - Document which institutes the proceedings in the State of origin - Due notification of an order for payment followed by improper service of a request for an action for repayment under Swiss law)
(2023/C 179/11)
Language of the case: German
Applicant: PT
Defendant: VB
Article 34(2) of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed on 30 October 2007, the conclusion of which was approved on behalf of the European Community by Council Decision 2009/430/EC of 27 November 2008,
must be interpreted as meaning that the statement of claim in an action for repayment under Swiss law, which was brought after a Swiss order for payment had been issued previously and which did not include an application for dismissal of the objection lodged against that order for payment, constitutes the document which instituted the proceedings, within the meaning of that provision.
(1) OJ C 340, 5.9.2022.