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Case C-409/22: Request for a preliminary ruling from the Apelativen sad Sofia (Bulgaria) lodged on 21 June 2022 — UA v EUROBANK BULGARIA AD
ECLI:EU:UNKNOWN:62022CN0409
62022CN0409
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19.9.2022
Official Journal of the European Union
C 359/40
(Case C-409/22)
(2022/C 359/45)
Language of the case: Bulgarian
Referring court
Parties to the main proceedings
Applicant: UA
Defendant: EUROBANK BULGARIA AD
Questions referred
1.Does a power of attorney by which the agent makes a disposal of assets on behalf of the payer by means of a payment order constitute a payment instrument within the meaning of Article 4(23) of [Directive 2007/64/EC (1) of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC]?
2.Does the ‘apostille’ certificate placed on a document by the competent foreign authority in accordance with the 1961 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents form part of the authentication procedure for both the payment instrument and the payment transaction within the meaning of Article 4(19) of that directive, in conjunction with Article 59(1) thereof?
3.If the payment instrument (including one authorising a third person to make disposals on behalf of the payer) is formally (prima facie) regular, can the national court assume that the payment transaction is authorised, that is to say, that the payer has consented to its execution?
Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC (1)