European Order for Payment – procedure and feasibility
The European order for payment (EOP) was established by Regulation EC no. 1896/2006 on European order for payment. This procedure enables for fast, efficient and relatively cheap pursuing uncontested pecuniary claims in cross-border cases between parties which have their seats in different EU Member States.
European Order for Payment procedure
Whole proceedings on issuing European order for payment is conducted upon standard forms precisely specified in Regulation EC no. 1896/2006. The procedure was established for the collection of pecuniary claims for specific amounts that have fallen due at the time when the application for a European order for payment is submitted. Using standard forms and crossing short court terms for examination the case leads to significant simplification and speed up the proceedings which seems to be positive from entrepreneur’s point of view.
Application and issue of EOP
An application for European order for payment shall be made using standard form A. If the application is recognized, then the court is obliged to issue EOP on standard form E within 30 days counted from the day of receiving the application. Then, the court serves the EOP with copy of claimant’s application to defendant. Defendant can lodge objection on standard form F within 30 days since receiving the order. Failure in lodging an objection results in enforceability of EOP.
Feasibility in EU Member States
An European order for payment which becomes enforceable in Member State of its issuance is also automatically recognized and enforced in other EU Member States without the need for obtaining any additional certifications or judgments.
Enforcement proceedings upon EOP
According to art. 115314 of Polish Civil Procedure Code, European orders for payment issued by the courts of EU Member States, which have been enforceable in those countries in accordance with the provisions of Regulation EC no. 1896/2006 are also enforceable in Poland. This means that the creditor, which obtained the EOP against its debtor with certification of enforceability issued on standard form G, is entitled to immediate initiation of enforcement proceedings with regard to funds awarded in European order for payment.
For more information on European enforcement order contact with our lawyers on [email protected]