Review in exceptional cases

1.   After the expiry of the time limit laid down in Article 16(2) the defendant shall be entitled to apply for a review of the European order for payment before the competent court in the Member State of origin where:
(a)
(i)
the order for payment was served by one of the methods provided for in Article 14,
and
(ii)
service was not effected in sufficient time to enable him to arrange for his defence, without any fault on his part,
or
(b)
the defendant was prevented from objecting to the claim by reason of force majeure or due to extraordinary circumstances without any fault on his part,
provided in either case that he acts promptly.
2.   After expiry of the time limit laid down in Article 16(2) the defendant shall also be entitled to apply for a review of the European order for payment before the competent court in the Member State of origin where the order for payment was clearly wrongly issued, having regard to the requirements laid down in this Regulation, or due to other exceptional circumstances.
3.   If the court rejects the defendant's application on the basis that none of the grounds for review referred to in paragraphs 1 and 2 apply, the European order for payment shall remain in force.
If the court decides that the review is justified for one of the reasons laid down in paragraphs 1 and 2, the European order for payment shall be null and void.