European order for payment Regulation and Jurisidiction Regulation are separate regimes – contestation in one, even if to the substance, does not equate voluntary appearance under the other: the ECJ in Goldbet

gavc law - geert van calster

In Case C-144/12 Goldbet Sportwetten GmbH v Massimo Sperindeo, the Court of Justice on the 13 june last emphasised the stand-alone nature of Regulation 1896/2006, the European order for payment. The Regulation provides for a simplified procedure to ensure rapid enforcement of non-contested pecuniary claims. The Regulation however leaves the underlying jurisdictional rules untouched.

The procedure takes place in camera up until the debtor has been notified of an order being made against him. From that moment on, of course, the debtor may contest, and the Jurisdiction regulation takes over. Standard procedure is to contest in shorthand format, following a prescribed form. However in the case at issue, the debtor had replied by issuing a lengthy contestation as to the substance of the claim, without expressis verbis contesting the jurisdiction of the court. The question which subsequently arose was whether this submission, seeing as it did not contest…

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About Geert van Calster

Geert is an independent legal practitioner and academic. An alumnus of the College of Europe, Bruges (promotion Stefan Zweig), Prof van Calster is the Head of Leuven Law's department of European and international law. Geert is a visiting professor at Monash University (Melbourne) and at the China-EU School of Law in Beijing, and a visiting lecturer at King's College, London. He was previously i.a. a visiting lecturer at Oxford University. He was called to the Bar in 1999 after having worked as of counsel to a City law firm since 1995, and practices in the areas of Private international law /Conflict of Laws; WTO law; (EU) environmental law; and EU economic law.

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