The Constitutional Court ruled on the unconstitutionality of a procedural provision within the legal regime of the injunction procedures for the collection of debts up to € 15.000.
According to such provision, having failed a first attempt of notification by means of registered letter with acknowledgment of receipt, the Court shall proceed with the notification by registered post to the same address (or other assessed by the Court services), being then the deposit of such letter deemed sufficient to start the deadline for Opposition and competent exercise of the right of defense.
The Constitutional Court considered that the notification procedure established to this date did not offer sufficient guarantees regarding the knowledge of its content, restricting disproportionately the right of reply, and declaring it therefore unconstitutional.
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