The European payment order has been implemented in order for consumers to recover a sum of money owed by a debtor who lives in a EU Member State.
Created by the European Regulation No. 1896/2006 of 12 December 2006 the European payment order simplifies, accelerates and reduces the costs of cross-border disputes in civil and commercial matters if the claim is not contested by the debtor. It is applicable in all Member States of the European Union except Denmark.
The European order for payment procedure applies to cross-border disputes, i.e. disputes in which at least one party is habitually resident in a Member State other than that where the court is located.
This procedure does not replace the national procedure of injunction to pay.
The consumer has to introduce his or her complaint to a court by using a form. The consumer does not have to produce documents supporting their claim.
The judge makes his decision within 30 days based solely on a description of the evidence presented by the applicant. The debtor has 30 days from notification of the decision to oppose it. He or she does not have to specify the reasons for the protest. In case of objection, the order for payment procedure leaves room for a formal court proceeding in the applicant’s country, unless the debtor renounces this.
Once the opposition period expires, the European payment order is declared enforceable directly across the European Union. No other recognition procedure is required, and the injunction has the same force as the decision of a judge.
If after you have sent him the decision, the debtor refuses to pay, you must provide the competent authorities of the debtor’s country a copy of the injunction and, possibly, a translation into the official language of that country.
The costs of the procedure vary from one Member State to another but will not be higher than the cost of a regular court proceeding.
The European order for payment procedure cannot be used for tax, administrative, estates, bankruptcies, social security matters etc.
Since January 2017, ECC Luxembourg is the contact point for consumers and professionals in relation of the European payment order.