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Regulation (EC) No 1896/2006 of the European Parliament and of the CouncilShow full title

Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure

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Article 22Refusal of enforcement

1.Enforcement shall, upon application by the defendant, be refused by the competent court in the Member State of enforcement if the European order for payment is irreconcilable with an earlier decision or order previously given in any Member State or in a third country, provided that:

(a)the earlier decision or order involved the same cause of action between the same parties;

and

(b)the earlier decision or order fulfils the conditions necessary for its recognition in the Member State of enforcement;

and

(c)the irreconcilability could not have been raised as an objection in the court proceedings in the Member State of origin.

2.Enforcement shall, upon application, also be refused if and to the extent that the defendant has paid the claimant the amount awarded in the European order for payment.

3.Under no circumstances may the European order for payment be reviewed as to its substance in the Member State of enforcement.

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