SPRZECIW OD EUROPEJSKIEGO NAKAZU ZAPŁATY A WDANIE SIĘ W SPÓR. GLOSA DO WYROKU EUROPEJSKIEGO TRYBUNAŁU SPRAWIEDLIWOŚCI Z DNIA 13 CZERWCA 2013 R.
STATEMENT OF OPPOSITION AGAINST EUROPEAN ORDER FOR PAYMENT AND THE ENTERING OF AN APPEARANCE. GLOSS TO THE COURT OF JUSTICE JUDGMENT OF 13 JUNE 2013

Summary/Abstract: The subject of this paper is the analysis of the judgment of the Court of Justice (Third Chamber) of 13 June 2013 in the case C-144/12 Goldbet Sportwetten GmbH v Massimo Sperindeo. The case, in which the reviewed judgment was issued, concerns the interpretation of Article 6(1) of Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 214 2006 creating a European order for payment procedure, which provides that, for the purposes of the application thereof, jurisdiction is to be determined in accordance with the relevant rules of Community law, in particular Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. More particularly, the question in this case is whether a statement of opposition entered against a European order for payment constitutes the entering of an appearance within the meaning of Article 24 of Regulation No 44/2001, and thus acceptance of the jurisdiction of the court responsible for the ordinary civil proceedings which follow the proce.

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