Petition addressed to:
The PETI Committee, the EU Commission, the Court of Justice of the EU, the German Government
Violation of EU Regulation (EC) No 1896/2006 by German courts – request for infringement proceedings against Germany
Objective:
To demonstrate that Germany, through the decisions of Amtsgericht Wedding and Landgericht Berlin II, has violated directly applicable EU Regulation (EC) No 1896/2006 (European Order for Payment Regulation), and to request the European Commission to open infringement proceedings under Art. 258 TFEU.
The Core Violation:
On 30 March 2022, Amtsgericht Wedding annulled a final, enforceable European Order for Payment (EOP) – EU 3577-19-2, value €227,592.43 – by admitting a national German procedural remedy (§321a ZPO). The Court of Justice of the European Union (CJEU) had already ruled in Case C‑245/14 that such national remedies cannot be used to reopen a final EOP. Art. 20(3) EOP Regulation expressly states that the decision on a review application is final. The Amtsgericht Wedding did exactly what the CJEU prohibited. Landgericht Berlin II confirmed this on appeal. The Bundesgerichtshof closed further federal remedies.
Procedural Asymmetry:
The respondent’s §321a application was accepted even though it was filed two years late (14.02.2020 - EOP date: 07.02.2022 - debotr's filing), and invoked a remedy the same court had ruled inapplicable in its own 2014 precedent. By contrast, my own §321a application – filed within eight days of the court’s express invitation to do so – was rejected as time‑barred. This is not judicial discretion. It is a violation of Article 47 of the EU Charter of Fundamental Rights (right to a fair trial, equality of arms). These are directly enforceable rights under EU law.
Systemic Failure: German courts refuse to apply the Busch Energie (C-548/18) functional approach, wrongly classifying contractual claims as "non-contractual" to evade EU law. Despite a binding Federal Constitutional Court (BVerfG) ruling (2 BvR 973/24) stating the legal path was not exhausted, , a determination that has absolute binding effect on the Amtsgericht Wedding under § 31 Abs. 1 BVerfGG., the lower court has remained inactive for over 13 months.
Refusal of preliminary reference to the CJEU (Article 267 TFEU):
Both German courts refused to make a preliminary reference despite explicit written requests. The questions I raised – can a national remedy reopen a final EPO? can unproven subjective grounds constitute “extraordinary circumstances” under Art. 20(2)? did the courts correctly apply the self‑contained character of the EOP system? – are genuine questions of EU law interpretation that go far beyond my individual case. The courts’ silence, without any reasoned explanation, violates the duty of sincere cooperation (Article 4(3) TEU) and the preliminary reference procedure itself.
What I ask the European Commission to do:
Conduct an investigation as guardian of the Treaties. A Commission investigation into Germany’s application of the EOP Regulation could lead to a formal notice letter to Germany under Article 258 TFEU, and – if Germany does not remedy the violation – referral to the CJEU. A CJEU judgment against Germany in infringement proceedings would create binding EU‑wide precedent: national courts cannot use domestic procedural remedies to annul final European Orders for Payment.
What the European Parliament’s Committee can do:
- Invite the German Government to provide written explanations on how German courts interpret Article 20(3) of the EOP Regulation and what measures ensure compliance with C‑245/14 – creating a formal, public record of Germany’s position.
- Pass a resolution calling on the Commission to issue interpretive guidance to all Member States, clarifying the self‑contained character of the EOP system and the impermissibility of supplementary national review mechanisms. Such guidance would benefit not only my case but every creditor across the EU who relies on the EOP Regulation for cross‑border debt recovery.
Why this matters – systemic level:
At the individual level, this petition places documented evidence of a specific, proven EU law violation before an institution with the power to act, creating additional pressure alongside the ongoing BVerfG and ECHR proceedings. At the systemic level, it invites the EU institutions to address a gap in the uniform application of the EOP Regulation. If left unaddressed, that gap will continue to undermine the Regulation’s fundamental purpose: providing legal certainty and efficient cross‑border enforcement across all 27 Member States.
Requests:
The Commission investigate Germany’s systematic failure to uphold the finality of EOPs.
The European Parliament invite the German Government to explain its interpretation of Art. 20(3).
Call to action:
Sign this petition to demand that the European Commission hold Germany accountable. Protect every European investor and creditor from fraudulent debtors who exploit illegal national remedies to escape justice.
Reason
The European Order for Payment Regulation was adopted in 2006 to solve a problem: across the EU, creditors were losing legitimate cross-border claims not because their claims were wrong, but because pursuing them through the ordinary courts of a foreign Member State was prohibitively expensive and procedurally impenetrable. Its promise was: if your claim is uncontested, you will get an enforceable title quickly, and that title will be recognised and enforced across the EU. That promise is what I relied upon. That promise has been broken — and the breaking of it has consequences that extend far beyond my case. What happened to me is a demonstration of a structural vulnerability in how the EOP Regulation is applied in Germany. A debtor who did not contest the order within the prescribed time limit, who failed seven successive review applications, and whose eighth attempt was filed three days late through an unauthorised signatory without a valid electronic signature using a national remedy that the same court had ruled inapplicable in its own prior decision — that debtor nevertheless succeeded in annulling a final, enforceable EPO. He did so through a purely national German procedural route that the CJEU had already prohibited in Case C-245/14. The court that admitted his application knew of that prohibition. It applied the remedy anyway. Every appellate court confirmed the outcome. If this is possible in Germany — if a final EPO can be annulled in this way, at this stage, after this many proceedings — then every creditor who obtains a EPO against a German-domiciled debtor faces the same risk. The order they obtained in good faith, the title they paid for, the enforcement they planned for — all of it can be undone through a national procedural mechanism that EU law expressly prohibits. The scale of this problem demands attention now. The EOP Regulation is used extensively by creditors across the EU to recover debts from German debtors. According to European Commission data, tens of thousands of European Orders for Payment are processed annually across Member States. Germany's courts handle a significant share of those orders. If German courts permit — and appellate courts confirm — the use of §321a ZPO to reopen final EPOs, every one of those orders is potentially vulnerable to the same treatment. The legal certainty that the Regulation was designed to create does not exist in Germany in any meaningful sense, because finality under Article 20(3) of the Regulation can be circumvented through a domestic procedural detour that EU law forbids.The urgency is compounded by the complete absence of any corrective mechanism within the German legal system. The Amtsgericht Wedding has been silent for twelve months on a substantive application. The Landgericht dismissed the appeal without engaging with the EU law arguments. The Bundesgerichtshof confirmed there is no further federal court remedy. Not one court in this chain was willing to refer the plainly relevant EU law questions to the CJEU under Article 267 TFEU, despite explicit written requests.The only institutions with both the competence and the tools to address the EU law dimension are the European Commission — as guardian of the Treaties — and the European Parliament, acting through its petition function. Every day that German courts operate under the assumption that §321a ZPO can override a final EPO is a day in which other creditors may be exposed to the same outcome. They obtained their orders in good faith. They have no reason to expect that a final, court-confirmed title can be undone years later through a national procedural route the EU Regulation prohibits.The Commission's infringement procedure under Article 258 TFEU takes time. The sooner it is initiated, the sooner a CJEU judgment can clarify, once and for all and with binding effect across all twenty-seven Member States, that Article 20(3) of the EOP Regulation means what it says: that a final EPO is final, and that no national supplementary remedy can reopen it. That clarity will benefit not just future cases but the entire cross-border enforcement framework that the EU has spent two decades building. The EU's credibility as a legal order depends on the uniform application of its Regulations. A Regulation that is applied rigorously in some Member States and circumvented through domestic procedural innovation in others is not a Regulation in any meaningful sense — it is a suggestion. The EOP Regulation is directly applicable law. If one Member State's courts can neutralise those rights through domestic procedures that EU law prohibits, without consequence, without correction, and without referral to the Court of Justice, then the primacy of EU law — the foundational principle of the entire European legal order — is not being upheld. That is a matter for every person and every business that relies on EU law to be what it claims to be: the supreme and uniform law of the Union.
Because I believe that a court order should be applied in real life and give justice to that person.