Lately, the number of EPOs delivered from Italy to Germany has significantly increased. This procedure follows the normatives of Italian legislation, comparable to German enforcement proceedings.The delivery is regularly carried out by registered letter with reply advice. Its official character can only be perceived through the seal of the court that has issued the EPO. Often the German translations of the information on legal remedies available are misleading or simply erroneous.
Formal protest has to be filed by an approved lawyer. An ordinary objection as you might know it from German enforcement proceedings is generally undue and will therefore remain ineffective.
What happens if I stay inactive?
Since the Italian court will verify the claim only summarily before issuing the EPO, there is a great danger of enforcement of a questionable claim against the pretended debtor in this way. Often advantage is taken of the ignorance of this fact. This has fatal consequences for the recipient. The EPO becomes enforceable, if the defendant refuses to file a timely and formally valid objection to the originating court. Then the EPO can be verified as European Enforcement Order (EEO) and judicial execution can take place in Germany as well. So do not be surprised if one day, the bailiff rings your bell and distrains your belongings, for regularly, no separate notification will be effected.
Legal remedies at German courts against EEOs that have been declared enforceable are only successful in particular cases, e.g. gross procedural breaches or intentional immoral damage, which is hard to prove. No appeal can be lodged against the executory title before German courts. No revision of the claim or possible objections will take place.
What should I do?
Check if the claim is justified
Take a note of the delivery date of the EPO
Check if a German translation of the EPO is attached
Essentially save all original documents
Consider the deadline within the remedies information. Regularly it amounts to 50 days from delivery
A well-founded opposition will be entered by an attorney admitted to regional court. You should plan enough time for this, so the substantiation of the opposition can be worked out properly.
Get in contact with a competent specialist as soon as possible and preliminarily transmit copies of the relevant documents. Your contact person: Attorney at Law Gian Luca Pagliaro. We have at our disposal fixed corresponding lawyers in all Italian regions, who will act promptly and enter opposition in accordance with the relevant process regulations.
Choosing the right lawyer in Italy – attorney or barrister – is crucial to the success of your concern. Mandating a lawyer without knowledge about his qualification or on the basis of sweeping own indications is hazardous.
Italian attorneyship is subject to an own classification system significantly different to the German one. By instance, keeping the client informed about the proceedings at any time will remain exceptional. The remuneration system is intransparent. Financial accounting is laborious. Quality standards, e.g. special solicitor titles or certifications exist only to a very limited extent.
We have been cooperating with colleagues throughout all Italian regions for 20 years. All specializations are represented within our cooperational network.
Four-eyes-system: Being your local contact, we coordinate the proceeding with the Italian colleagues, agree on the essential matters and keep our clients informed.