Memo 2 – European order for payment procedure and the national procedural rules

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Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure allows creditors to recover their uncontested claims in civil and commercial matters using a uniform procedure based on the use of standard forms.

All procedural issues not specifically dealt with in the Regulation shall be governed by national law. This MEMO is intended to make an inventory of national procedural rules applicable to get a better understanding of how this procedure is implemented before the national courts of the different Member States.

The European order for payment procedure in outline

The Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 establishes a European order for payment procedure. The procedure simplifies, speeds up and reduces the costs of litigation in cross-border cases concerning uncontested pecuniary claims.
The European order for payment procedure applies to civil and commercial matters in cross-border cases, whatever the nature of the court or tribunal. A "cross-border case" is one in which at least one of the parties is domiciled or habitually resident in an EU country other than the country of the court hearing the action. The regulation applies to all EU countries except Denmark.
A pecuniary claim must be for a specific amount that has fallen due at the time when the application for a European order for payment is submitted.
The jurisdiction of courts is decided using the appropriate EU legislation, especially Regulation (EC) No 44/2001. If a claim relates to a contract concluded by a consumer for a purpose which can be regarded as being outside his trade or profession, and if the defendant is the consumer, only the courts in the EU country in which the defendant is domiciled have jurisdiction.
The regulation includes a form, standard form A set out in Annex I, to be used to apply for a European order for payment.
The court to which an application for a European order for payment has been made considers whether the applicability conditions have been met (the cross-border nature of the case in civil and commercial matters, the jurisdiction of the court in question, etc.) as soon as possible, and examines the well-foundedness of the claim.
If the conditions for applying for a European order for payment are met, the court issues the order as soon as possible and normally within 30 days of the lodging of the application.
A European order for payment is issued solely on the basis of the information provided by the claimant and is not verified by the court. The order becomes enforceable unless the defendant lodges a statement of opposition with the court of origin.
A European order for payment is served on a defendant in accordance with the national law of the state in which service is to be effected. The regulation sets out minimum procedural standards regarding service either with or without proof of receipt by the defendant.
The person who receives a European order for payment, i.e. the defendant, may lodge a statement of opposition with the court that issued the order for payment. The statement of opposition must be sent within 30 days of the order being served on the defendant. Statements of opposition are lodged using the form in Annex VI (form F), which defendants receive with the European order for payment. Defendants indicate in their statement of opposition that the claim is contested, without having to specify their reasons.
When a defendant lodges a statement of opposition, the proceedings continue before the competent courts of the EU country of origin in accordance with the rules of ordinary civil procedure, unless the claimant has requested that the proceedings be terminated in that event.
If within the time limit laid down, no statement of opposition has been lodged with the court of origin, the court of origin shall without delay declare the European order for payment enforceable.

The regulation abolishes the exequatur, i.e. a European order for payment is recognised and enforced in the other EU countries without the need for a declaration of enforceability and without any possibility of opposing its recognition. Enforcement procedures are governed by the national law of the EU country in which the enforcement of the European order for payment is requested.
For more information regarding the European order for payment procedure, visit « Europa.eu » at the following address:
http://europa.eu/legislation_summaries/justice_freedom_security/judicial_cooperation_in_civil_matters/l16023_en.htm