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Case C-354/15: Request for a preliminary ruling from the Tribunal da Relação de Évora (Portugal) lodged on 13 July 2015 — Andrew Marcus Henderson v Novo Banco SA
ECLI:EU:UNKNOWN:62015CN0354
62015CN0354
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14.9.2015
Official Journal of the European Union
C 302/24
(Case C-354/15)
(2015/C 302/31)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicant: Andrew Marcus Henderson
Respondent: Novo Banco SA
Questions referred
1.Where a Portuguese court hearing a civil action against an individual residing in another Member State of the European Union has ordered that notice of service of those proceedings be served on that individual by registered letter with acknowledgment of receipt, and the corresponding acknowledgment of receipt has not been returned, may the Portuguese court consider, in the light of the above Regulation [EC 1393/2007] (1) and the principles underlying it, that such service was effected, on the basis of the documents of the postal authority of the state in which the addressee of the letter resides which prove that the registered letter with acknowledgment of receipt was delivered to the addressee?
2.Does the application of Article 230 of the Portuguese Code of Civil Procedure, in the case referred to the first question, infringe the Regulation and the principles underlying it?
3.Does the application of Article 191(2) of the Portuguese Code of Civil Procedure in the present case infringe the Regulation and principles underlying it?
(1) 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).