CHAPTER IIIMINIMUM STANDARDS FOR UNCONTESTED CLAIMS PROCEDURES

Article 19Minimum standards for review in exceptional cases

1

Further to Articles 13 to 18, a judgment can only be certified as a European Enforcement Order if the debtor is entitled, under the law of the Member State of origin, to apply for a review of the judgment where:

a

  1. (i)

    the document instituting the proceedings or an equivalent document or, where applicable, the summons to a court hearing, was served by one of the methods provided for in Article 14; and

  2. (ii)

    service was not effected in sufficient time to enable him to arrange for his defence, without any fault on his part;

or

b

the debtor was prevented from objecting to the claim by reason of force majeure, or due to extraordinary circumstances without any fault on his part,

provided in either case that he acts promptly.

2

This Article is without prejudice to the possibility for Member States to grant access to a review of the judgment under more generous conditions than those mentioned in paragraph 1.