33Although Regulation No 1215/2012 uses the concept of ‘cross-border litigation’ in recitals 3 and 26, but does not define that concept, it should be noted that Article 3(1) of Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (OJ 2006 L 399, p. 1) defines the equivalent concept of ‘cross-border case’ as a case in which at least one of the parties is domiciled or habitually resident in a Member State other than the Member State of the court seised.
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