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Case C-324/12: Order of the Court (Third Chamber) of 21 March 2013 (request for a preliminary ruling from the Handelsgericht Wien — Austria) — Novontech-Zala kft v LOGICDATA Electronic & Software Entwicklungs GmbH (Article 99 of the Rules of Procedure — Judicial cooperation in civil matters — Regulation (EC) No 1896/2006 — European order for payment procedure — Opposition lodged out of time — Article 20 — Review in exceptional cases — No ‘extraordinary’ or ‘exceptional’ circumstances)

ECLI:EU:UNKNOWN:62012CB0324

62012CB0324

March 21, 2013
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Official Journal of the European Union

C 225/45

(Case C-324/12) (<span class="super">1</span>)

(Article 99 of the Rules of Procedure - Judicial cooperation in civil matters - Regulation (EC) No 1896/2006 - European order for payment procedure - Opposition lodged out of time - Article 20 - Review in exceptional cases - No ‘extraordinary’ or ‘exceptional’ circumstances)

2013/C 225/78

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Novontech-Zala kft

Defendant: LOGICDATA Electronic & Software Entwicklungs GmbH

Re:

Request for a preliminary ruling — Handelsgericht Wien — Interpretation of Article 20(1)(b) and (2) of Regulation (EC) 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (OJ 2006 L 399, p. 1) — Opposition to a European order for payment made after the time limit as a result of an error on the part of the lawyer of the party concerned — Possible existence of a case of force majeure or of extraordinary circumstances

Operative part of the order

The failure to observe the time-limit for lodging a statement of opposition to a European order for payment, by reason of the negligence of the defendant’s representative, does not justify a review of that order for payment, since such a failure to observe the time-limit does not constitute extraordinary circumstances within the meaning of Article 20(1)(b) or exceptional circumstances within the meaning of Article 20(2) of Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure.

* Language of the case: German.

ECLI:EU:C:2013:225

* * *

(<span class="super">1</span>) OJ C 303, 6.10.2012.

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