6.10.2012

Official Journal of the European Union

C 303/13

(Case C-324/12)

2012/C 303/24

Language of the case: German

Referring court

Parties to the main proceedings

Appellant and defendant: Novontech-Zala Kft

Respondent and applicant: LOGICDATA Electronic & Software Entwicklungs GmbH

Questions referred

1.Does the failure on the part of a party’s lawyer to comply with the time limit for opposing a European order for payment constitute fault on the part of the defendant for the purposes of Article 20(1)(b) of Regulation (EC) 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure? (1)

2.If fault on the part of the lawyer representing the defendant is not to be regarded as fault on the part of the defendant itself, is the failure of the former to take note of the correct date of expiry of the time limit for opposing a European order for payment to be regarded as an extraordinary circumstance within the meaning of Article 20(2) of Regulation 1896/2006?

(1) OJ 2006 L 399, p. 1.