The European order for payment procedure: Cross-border recovery

Since December 12, 2008 (Regulation (EC) No. 1896/2006), a citizen (consumer)/company can file a European order for payment procedure against a consumer/company of a European member state for the recovery of unpaid invoices across the EU borders.

 

The European Order for Payment (EOP) has been a beneficial working tool for collecting undisputed debt across borders for many years.

 

In April 2020 the 3rd edition of The European order for payment evaluated | Cross-border collection was published with INNI Publishers by Attorney at Law Mr. Dirk De Beule with a discussion of the undisputed cross-border debt claim.

 

In this book, all forms from A to G are explained in detail.

 

OBJECTIVES

 

The objectives are reiterated in Article 1 of the EOP Regulation, which gives the purpose of the Regulation the status of a legal rule.

 

Article 1 explicitly mentions as objectives:

 

(a) simplify, speed up and reduce the cost of the settlement of a dispute in cross-border cases concerning uncontested monetary claims by introducing a European order for payment procedure;

 

and

 

(b) to achieve the free movement of European orders for payment between Member States by setting minimum standards, compliance with which means that no intermediate proceedings need to be initiated in the Member State of enforcement prior to recognition and enforcement. "

 

The second paragraph of Article 1 emphasizes the optional nature of the Regulation. After all, the order for payment procedure does not in any way constitute an infringement of national procedural rules, which can be used by the parties at any time to safeguard their interests.

 

The optional nature of the order is most evident in the Member States that have a long tradition of order for payment procedure
THE OBJECTIVE of the EOP Regulation summarized in a few short terms:

1. A unilateral procedure

 

2. Which is open to liquid and demandable monetary claims of a specific amount and

 

3. Who, after a purely formal, at most marginal, check of the merits

 

4. The plaintiff delivers an order for payment

 

5. That in the event of inaction (non-contestation by) the debtor notified thereof,

 

6. Results in an enforceable title

 

7. Which can be enforced in any Member State without prior exequatur.

 

There are a number of advantages and disadvantages associated with the introduction and use of the EOP Regulation, which apply in every EU Member State and will apply to every Member State.

 

1. Simple procedure;

 

2. Low-threshold procedure;

 

3. Promotion of trade;

 

4. Harmonization of legal trade;

 

5. No limit on the amount receivable;

 

6. Electronic litigation;

 

7. Court costs;

 

8. Standard forms.

Conditions:

 

Cross-border nature

 

The EOP Regulation is only applied in disputes in which a cross-border character can be demonstrated. The regulation gives a limited definition of the cross-border nature. Pursuant to Article 3 (1) of the EOP Regulation, a case is to be considered as cross-border if "at least one of the parties is domiciled or habitually resident in a Member State other than the Member State of the requested court"

Applicable object

 

In other words, the procedure should only concern pecuniary debts, with a specific amount, payable at the time of the initiation of the procedure. The collection of future or bad debts remains excluded.

Jurisdiction

 

The EOP Regulation does not contain its own regulation regarding jurisdiction. For the determination of the competent court, Article 6 (1) of the EOP Regulation refers to the EEX Regulation. It is true that an exception is provided for consumer matters in the second paragraph of article 6 of the EOP Regulation.

 

Which court? Cost?

 

Many courts have jurisdiction in Belgium.

 

For more information on this A-Law International Law Firm can assist you.

 

To carry out

 

A-Law International Law Firm can personally assist you in drawing up the European order for payment (EOP) and the implementation of this procedure in Belgium or another EU member state.

After transferring your documents, we will prepare a quote.

After approval and payment, the work is planned and carried out.

In practice

 

A-Law International Law Firm knows the practice and can provide you with optimal assistance so that you do not encounter unexpected pitfalls.

 

Ordinary remedies (Form F)

 

A common remedy against the European order for payment takes the form of a statement of defense, which is submitted by the defendant on a standard form F of Annex VI, which is obtained from the court together with the order for payment.

 

A-Law International Law Firm can assist you with this.

 

 

Contact Attorney at Law Mr. Dirk De Beule ( author The European Payment Order Evaluated | Cross-Border Collection with INNI Publishers ) to submit your European order for payment procedure at d.debeule@a-law.eu or fill in our online form.