|
31.10.2022 |
EN |
Official Journal of the European Union |
C 418/6 |
Judgment of the Court (Third Chamber) of 15 September 2022 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Uniqa Versicherungen AG v VU
(Case C-18/21) (1)
(Reference for a preliminary ruling - Judicial cooperation in civil matters - European order for payment procedure - Regulation No 1896/2006 - Article 16(2) - 30-day time limit for lodging a statement of opposition to the European order for payment - Article 20 - Review procedure - Article 26 - Application of national law for procedural issues not specifically dealt with in that regulation - COVID 19 pandemic - National legislation which interrupted the procedural periods in civil matters for several weeks)
(2022/C 418/07)
Language of the case: German
Referring court
Oberster Gerichtshof
Parties to the main proceedings
Applicant: Uniqa Versicherungen AG
Defendant: VU
Operative part of the judgment
Articles 16, 20 and 26 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, as amended by Regulation (EU) 2015/2421 of the European Parliament and of the Council of 16 December 2015,
must be interpreted as not precluding the application of national legislation, which was adopted when the COVID-19 pandemic arose and which interrupted the procedural periods in civil matters for approximately five weeks, to the 30-day time limit laid down by Article 16(2) of that regulation for the defendant to lodge a statement of opposition to a European order for payment.