Summary:
On January 18th 2017 the Regulation (EU) No 655/2014 of the European parliament and of the Council establishing a European Account Preservation Order procedure came into effect. The purpose of this regulation is to facilitate cross-border debt recovery in civil and commercial matters. It is used for all debt-recoveries with the exception of rights in property arising out of a matrimonial or non marital relationships, claims arising from wills and succession, claims against debtors that have become insolvent, claims out of social security and claims arising from arbitration agreements. The regulation is a big step forward in securing successful cross-border debt recovery.
Summary:
A company from the area of Celje sued the Republic of Slovenia for damages that arose due to unlawful conduct of one of its public bodies, specifically a certain court, which wrongfully served a lawsuit to a defendant in some other proceeding, which the aforementioned company initiated against it. The defendant in this proceeding was a company from the Republic of Macedonia. The court served the lawsuit to the company from Macedonia directly by post to the Republic of Macedonia, even though the bilateral convention between the Republic of Slovenia and the Republic of Macedonia specifies that court documents should be issued through diplomatic or consular channels. The defending company from Macedonia ignored the court's summon and did not reply to it, which is why the court issued a default judgment, which became final, but the company from the area of Celje could not achieve the recognition and enforcement of the judgment in Macedonia, as the Macedonian court deemed the lawsuit as wrongfully served.