Newsalert - European payment order: if the defendant challenges the order, the claimant needs to take action

Newsalert - European payment order: if the defendant challenges the order, the claimant needs to take action

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This is what the Joined Sections of the Supreme Court have ruled with the decision no. 2840/2019 issued in relation to the European order for payment regulated by the EU Regulation no. 1869/2006. According to the Court, once the defendant has filed its statement of opposition, the Italian judge has just to inform the claimant of the opposition, inviting him to continue the proceedings by reinstating the claim in the procedural form applicable to the specific nature of the credit (e.g. whether by a writ of summons or by a motion).

Claimant’s failure to comply with the time limits for the prosecution of the proceedings results in the extinction of the proceedings and, as a consequence, of the payment order.

 

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