Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure
Subject matter
1. The purpose of this Regulation is:
(a)
to simplify, speed up and reduce the costs of litigation in cross-border cases concerning uncontested pecuniary claims by creating a European order for payment procedure;
and
(b)
to permit the free circulation of European orders for payment throughout the Member States by laying down minimum standards, compliance with which renders unnecessary any intermediate proceedings in the Member State of enforcement prior to recognition and enforcement.
2. This Regulation shall not prevent a claimant from pursuing a claim within the meaning of Article 4 by making use of another procedure available under the law of a Member State or under Community law.
Scope
1. This Regulation shall apply to civil and commercial matters in cross-border cases, whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters or the liability of the State for acts and omissions in the exercise of State authority (‘acta iure imperii’).
2. This Regulation shall not apply to:
(a)
rights in property arising out of a matrimonial relationship, wills and succession;
(b)
bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings;
(c)
social security;
(d)
claims arising from non-contractual obligations, unless:
(i)
they have been the subject of an agreement between the parties or there has been an admission of debt,
or
(ii)
they relate to liquidated debts arising from joint ownership of property.
3. In this Regulation, the term ‘Member State’ shall mean Member States with the exception of Denmark.
Cross-border cases
1. For the purposes of this Regulation, a cross-border case is one 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.
2. Domicile shall be determined in accordance with Articles 59 and 60 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ( 6 ) .
3. The relevant moment for determining whether there is a cross-border case shall be the time when the application for a European order for payment is submitted in accordance with this Regulation.
European order for payment procedure
The European order for payment procedure shall be established for the collection of pecuniary claims for a specific amount that have fallen due at the time when the application for a European order for payment is submitted.
Definitions
For the purposes of this Regulation, the following definitions shall apply:
1)
‘Member State of origin’ means the Member State in which a European order for payment is issued;
2)
‘Member State of enforcement’ means the Member State in which enforcement of a European order for payment is sought;
3)
‘court’ means any authority in a Member State with competence regarding European orders for payment or any other related matters;
4)
‘court of origin’ means the court which issues a European order for payment.
Jurisdiction
1. For the purposes of applying this Regulation, jurisdiction shall be determined in accordance with the relevant rules of Community law, in particular Regulation (EC) No 44/2001.
2. However, if the claim relates to a contract concluded by a person, the 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 Member State in which the defendant is domiciled, within the meaning of Article 59 of Regulation (EC) No 44/2001, shall have jurisdiction.
Application for a European order for payment
1. An application for a European order for payment shall be made using standard form A as set out in Annex I.
2. The application shall state:
(a)
the names and addresses of the parties, and, where applicable, their representatives, and of the court to which the application is made;
(b)
the amount of the claim, including the principal and, where applicable, interest, contractual penalties and costs;
(c)
if interest on the claim is demanded, the interest rate and the period of time for which that interest is demanded unless statutory interest is automatically added to the principal under the law of the Member State of origin;
(d)
the cause of the action, including a description of the circumstances invoked as the basis of the claim and, where applicable, of the interest demanded;
(e)
a description of evidence supporting the claim;
(f)
the grounds for jurisdiction;
and
(g)
the cross-border nature of the case within the meaning of Article 3.
3. In the application, the claimant shall declare that the information provided is true to the best of his knowledge and belief and shall acknowledge that any deliberate false statement could lead to appropriate penalties under the law of the Member State of origin.
4. In an Appendix to the application the claimant may indicate to the court that he opposes a transfer to ordinary civil proceedings within the meaning of Article 17 in the event of opposition by the defendant. This does not prevent the claimant from informing the court thereof subsequently, but in any event before the order is issued.
5. The application shall be submitted in paper form or by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin.
6. The application shall be signed by the claimant or, where applicable, by his representative. Where the application is submitted in electronic form in accordance with paragraph 5, it shall be signed in accordance with Article 2(2) of Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures ( 7 ) . The signature shall be recognised in the Member State of origin and may not be made subject to additional requirements.
However, such electronic signature shall not be required if and to the extent that an alternative electronic communications system exists in the courts of the Member State of origin which is available to a certain group of pre-registered authenticated users and which permits the identification of those users in a secure manner. Member States shall inform the Commission of such communications systems.
Examination of the application
The court seised of an application for a European order for payment shall examine, as soon as possible and on the basis of the application form, whether the requirements set out in Articles 2, 3, 4, 6 and 7 are met and whether the claim appears to be founded. This examination may take the form of an automated procedure.
Completion and rectification
1. If the requirements set out in Article 7 are not met and unless the claim is clearly unfounded or the application is inadmissible, the court shall give the claimant the opportunity to complete or rectify the application. The court shall use standard form B as set out in Annex II.
2. Where the court requests the claimant to complete or rectify the application, it shall specify a time limit it deems appropriate in the circumstances. The court may at its discretion extend that time limit.
Modification of the application
1. If the requirements referred to in Article 8 are met for only part of the claim, the court shall inform the claimant to that effect, using standard form C as set out in Annex III. The claimant shall be invited to accept or refuse a proposal for a European order for payment for the amount specified by the court and shall be informed of the consequences of his decision. The claimant shall reply by returning standard form C sent by the court within a time limit specified by the court in accordance with Article 9(2).
2. If the claimant accepts the court's proposal, the court shall issue a European order for payment, in accordance with Article 12, for that part of the claim accepted by the claimant. The consequences with respect to the remaining part of the initial claim shall be governed by national law.
3. If the claimant fails to send his reply within the time limit specified by the court or refuses the court's proposal, the court shall reject the application for a European order for payment in its entirety.
Rejection of the application
1. The court shall reject the application if:
(a)
the requirements set out in Articles 2, 3, 4, 6 and 7 are not met;
or
(b)
the claim is clearly unfounded;
or
(c)
the claimant fails to send his reply within the time limit specified by the court under Article 9(2);
or
(d)
the claimant fails to send his reply within the time limit specified by the court or refuses the court's proposal, in accordance with Article 10.
The claimant shall be informed of the grounds for the rejection by means of standard form D as set out in Annex IV.
2. There shall be no right of appeal against the rejection of the application.
3. The rejection of the application shall not prevent the claimant from pursuing the claim by means of a new application for a European order for payment or of any other procedure available under the law of a Member State.
Issue of a European order for payment
1. If the requirements referred to in Article 8 are met, the court shall issue, as soon as possible and normally within 30 days of the lodging of the application, a European order for payment using standard form E as set out in Annex V.
The 30-day period shall not include the time taken by the claimant to complete, rectify or modify the application.
2. The European order for payment shall be issued together with a copy of the application form. It shall not comprise the information provided by the claimant in Appendices 1 and 2 to form A.
3. In the European order for payment, the defendant shall be advised of his options to:
(a)
pay the amount indicated in the order to the claimant;
or
(b)
oppose the order by lodging with the court of origin a statement of opposition, to be sent within 30 days of service of the order on him.
4. In the European order for payment, the defendant shall be informed that:
(a)
the order was issued solely on the basis of the information which was provided by the claimant and was not verified by the court;
(b)
the order will become enforceable unless a statement of opposition has been lodged with the court in accordance with Article 16;
(c)
where a statement of opposition is lodged, the proceedings shall continue before the competent courts of the Member State of origin in accordance with the rules of ordinary civil procedure unless the claimant has explicitly requested that the proceedings be terminated in that event.
5. The court shall ensure that the order is served on the defendant in accordance with national law by a method that shall meet the minimum standards laid down in Articles 13, 14 and 15.
Service with proof of receipt by the defendant
The European order for payment may be served on the defendant in accordance with the national law of the State in which the service is to be effected, by one of the following methods:
(a)
personal service attested by an acknowledgement of receipt, including the date of receipt, which is signed by the defendant;
(b)
personal service attested by a document signed by the competent person who effected the service stating that the defendant has received the document or refused to receive it without any legal justification, and the date of service;
(c)
postal service attested by an acknowledgement of receipt, including the date of receipt, which is signed and returned by the defendant;
(d)
service by electronic means such as fax or e-mail, attested by an acknowledgement of receipt, including the date of receipt, which is signed and returned by the defendant.
Service without proof of receipt by the defendant
1. The European order for payment may also be served on the defendant in accordance with the national law of the State in which service is to be effected, by one of the following methods:
(a)
personal service at the defendant's personal address on persons who are living in the same household as the defendant or are employed there;
(b)
in the case of a self-employed defendant or a legal person, personal service at the defendant's business premises on persons who are employed by the defendant;
(c)
deposit of the order in the defendant's mailbox;
(d)
deposit of the order at a post office or with competent public authorities and the placing in the defendant's mailbox of written notification of that deposit, provided that the written notification clearly states the character of the document as a court document or the legal effect of the notification as effecting service and setting in motion the running of time for the purposes of time limits;
(e)
postal service without proof pursuant to paragraph 3 where the defendant has his address in the Member State of origin;
(f)
electronic means attested by an automatic confirmation of delivery, provided that the defendant has expressly accepted this method of service in advance.
2. For the purposes of this Regulation, service under paragraph 1 is not admissible if the defendant's address is not known with certainty.
3. Service pursuant to paragraph 1(a), (b), (c) and (d) shall be attested by:
(a)
a document signed by the competent person who effected the service, indicating:
(i)
the method of service used;
and
(ii)
the date of service;
and
(iii)
where the order has been served on a person other than the defendant, the name of that person and his relation to the defendant;
or
(b)
an acknowledgement of receipt by the person served, for the purposes of paragraphs (1)(a) and (b).
Service on a representative
Service pursuant to Articles 13 or 14 may also be effected on a defendant's representative.
Opposition to the European order for payment
1. The defendant may lodge a statement of opposition to the European order for payment with the court of origin using standard form F as set out in Annex VI, which shall be supplied to him together with the European order for payment.
2. The statement of opposition shall be sent within 30 days of service of the order on the defendant.
3. The defendant shall indicate in the statement of opposition that he contests the claim, without having to specify the reasons for this.
4. The statement of opposition shall be submitted in paper form or by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin.
5. The statement of opposition shall be signed by the defendant or, where applicable, by his representative. Where the statement of opposition is submitted in electronic form in accordance with paragraph 4, it shall be signed in accordance with Article 2(2) of Directive 1999/93/EC. The signature shall be recognised in the Member State of origin and may not be made subject to additional requirements.
However, such electronic signature shall not be required if and to the extent that an alternative electronic communications system exists in the courts of the Member State of origin which is available to a certain group of pre-registered authenticated users and which permits the identification of those users in a secure manner. Member States shall inform the Commission of such communications systems.
Effects of the lodging of a statement of opposition
1. If a statement of opposition is entered within the time limit laid down in Article 16(2), the proceedings shall continue before the competent courts of the Member State of origin in accordance with the rules of ordinary civil procedure unless the claimant has explicitly requested that the proceedings be terminated in that event.
Where the claimant has pursued his claim through the European order for payment procedure, nothing under national law shall prejudice his position in subsequent ordinary civil proceedings.
2. The transfer to ordinary civil proceedings within the meaning of paragraph 1 shall be governed by the law of the Member State of origin.
3. The claimant shall be informed whether the defendant has lodged a statement of opposition and of any transfer to ordinary civil proceedings.
Enforceability
1. If within the time limit laid down in Article 16(2), taking into account an appropriate period of time to allow a statement to arrive, 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 using standard form G as set out in Annex VII. The court shall verify the date of service.
2. Without prejudice to paragraph 1, the formal requirements for enforceability shall be governed by the law of the Member State of origin.
3. The court shall send the enforceable European order for payment to the claimant.
Abolition of exequatur
A European order for payment which has become enforceable in the Member State of origin shall be recognised and enforced in the other Member States without the need for a declaration of enforceability and without any possibility of opposing its recognition.
Review in exceptional cases
1. After the expiry of the time limit laid down in Article 16(2) the defendant shall be entitled to apply for a review of the European order for payment before the competent court in the Member State of origin where:
(a)
(i)
the order for payment was served by one of the methods provided for in Article 14,
and
(ii)
service was not effected in sufficient time to enable him to arrange for his defence, without any fault on his part,
or
(b)
the defendant was prevented from objecting to the claim by reason of force majeure or due to extraordinary circumstances without any fault on his part,
provided in either case that he acts promptly.
2. After expiry of the time limit laid down in Article 16(2) the defendant shall also be entitled to apply for a review of the European order for payment before the competent court in the Member State of origin where the order for payment was clearly wrongly issued, having regard to the requirements laid down in this Regulation, or due to other exceptional circumstances.
3. If the court rejects the defendant's application on the basis that none of the grounds for review referred to in paragraphs 1 and 2 apply, the European order for payment shall remain in force.
If the court decides that the review is justified for one of the reasons laid down in paragraphs 1 and 2, the European order for payment shall be null and void.
Enforcement
1. Without prejudice to the provisions of this Regulation, enforcement procedures shall be governed by the law of the Member State of enforcement.
A European order for payment which has become enforceable shall be enforced under the same conditions as an enforceable decision issued in the Member State of enforcement.
2. For enforcement in another Member State, the claimant shall provide the competent enforcement authorities of that Member State with:
(a)
a copy of the European order for payment, as declared enforceable by the court of origin, which satisfies the conditions necessary to establish its authenticity;
and
(b)
where necessary, a translation of the European order for payment into the official language of the Member State of enforcement or, if there are several official languages in that Member State, the official language or one of the official languages of court proceedings of the place where enforcement is sought, in conformity with the law of that Member State, or into another language that the Member State of enforcement has indicated it can accept. Each Member State may indicate the official language or languages of the institutions of the European Union other than its own which it can accept for the European order for payment. The translation shall be certified by a person qualified to do so in one of the Member States.
3. No security, bond or deposit, however described, shall be required of a claimant who in one Member State applies for enforcement of a European order for payment issued in another Member State on the ground that he is a foreign national or that he is not domiciled or resident in the Member State of enforcement.
Refusal of enforcement
1. Enforcement shall, upon application by the defendant, be refused by the competent court in the Member State of enforcement if the European order for payment is irreconcilable with an earlier decision or order previously given in any Member State or in a third country, provided that:
(a)
the earlier decision or order involved the same cause of action between the same parties;
and
(b)
the earlier decision or order fulfils the conditions necessary for its recognition in the Member State of enforcement;
and
(c)
the irreconcilability could not have been raised as an objection in the court proceedings in the Member State of origin.
2. Enforcement shall, upon application, also be refused if and to the extent that the defendant has paid the claimant the amount awarded in the European order for payment.
3. Under no circumstances may the European order for payment be reviewed as to its substance in the Member State of enforcement.
Stay or limitation of enforcement
Where the defendant has applied for a review in accordance with Article 20, the competent court in the Member State of enforcement may, upon application by the defendant:
(a)
limit the enforcement proceedings to protective measures;
or
(b)
make enforcement conditional on the provision of such security as it shall determine;
or
(c)
under exceptional circumstances, stay the enforcement proceedings.
Legal representation
Representation by a lawyer or another legal professional shall not be mandatory:
(a)
for the claimant in respect of the application for a European order for payment;
(b)
for the defendant in respect of the statement of opposition to a European order for payment.
Court fees
1. The combined court fees of a European order for payment procedure and of the ordinary civil proceedings that ensue in the event of a statement of opposition to a European order for payment in a Member State shall not exceed the court fees of ordinary civil proceedings without a preceding European order for payment procedure in that Member State.
2. For the purposes of this Regulation, court fees shall comprise fees and charges to be paid to the court, the amount of which is fixed in accordance with national law.
Relationship with national procedural law
All procedural issues not specifically dealt with in this Regulation shall be governed by national law.
Relationship with Regulation (EC) No 1348/2000
This Regulation shall not affect the application of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil and commercial matters ( 8 ) .
Information relating to service costs and enforcement
Member States shall cooperate to provide the general public and professional circles with information on:
(a)
costs of service of documents;
and
(b)
which authorities have competence with respect to enforcement for the purposes of applying Articles 21, 22 and 23,
in particular via the European Judicial Network in civil and commercial matters established in accordance with Council Decision 2001/470/EC ( 9 ) .
Information relating to jurisdiction, review procedures, means of communication and languages
1. By 12 June 2008, Member States shall communicate to the Commission:
(a)
which courts have jurisdiction to issue a European order for payment;
(b)
the review procedure and the competent courts for the purposes of the application of Article 20;
(c)
the means of communication accepted for the purposes of the European order for payment procedure and available to the courts;
(d)
languages accepted pursuant to Article 21(2)(b).
Member States shall apprise the Commission of any subsequent changes to this information.
2. The Commission shall make the information notified in accordance with paragraph 1 publicly available through publication in the Official Journal of the European Union and through any other appropriate means.
Amendments to the Annexes
The standard forms set out in the Annexes shall be updated or technically adjusted, ensuring full conformity with the provisions of this Regulation, in accordance with the procedure referred to in Article 31(2).
Committee
1. The Commission shall be assisted by the committee established by Article 75 of Regulation (EC) No 44/2001.
2. Where reference is made to this paragraph, Article 5a(1)-(4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
3. The Committee shall adopt its Rules of Procedure.
Review
By 12 December 2013, the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a detailed report reviewing the operation of the European order for payment procedure. That report shall contain an assessment of the procedure as it has operated and an extended impact assessment for each Member State.
To that end, and in order to ensure that best practice in the European Union is duly taken into account and reflects the principles of better legislation, Member States shall provide the Commission with information relating to the cross-border operation of the European order for payment. This information shall cover court fees, speed of the procedure, efficiency, ease of use and the internal payment order procedures of the Member States.
The Commission's report shall be accompanied, if appropriate, by proposals for adaptation.
Entry into force
This Regulation shall enter into force on the day following the date of its publication in the Official Journal of the European Union .
It shall apply from 12 December 2008, with the exception of Articles 28, 29, 30 and 31 which shall apply from 12 June 2008.
Supplementary provisions
ANNEX ISupplementary provisions
ANNEX I
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Application for a European order for payment
Form A Article 7 (1) of Regulation (EC) No 1896/2006 of the European Parliament
and of the Council creating a European order for payment procedure
Please ensure that you read the guidelines on the last page – they will help you to understand this form!
Please note in particular that this form must be completed in the language or one of the languages accepted by the court to be seised. The form is available in all official languages of the European Union; this may help you fill in the form in the required language.
1. Court
Court
Address
Postal code
City
Country
Case number
(to be completed by the court)
Received by the court
2. Parties and their representatives
Codes: 01 Claimant 03 Claimant's representative * 05 Claimant's legally authorised representative **
02 Defendant 04 Defendant's representative * 06 Defendant's legally authorised representative **
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
* e.g. lawyer ** e.g. parent, guardian, managing director *** optional
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3. Grounds for the court's jurisdiction
Codes:
01 Domicile of the defendant or co-defendant
02 Place of performance of the obligation in question
03 Place of the harmful event
04 Where a dispute arises out of the operations of a branch, agency or other establishment, the place in which the branch, agency or other establishment is situated
05 Domicile of the trust
06 Where a dispute arises concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, the place of the court under the authority of which the cargo or freight is or could have been arrested 07 Domicile of the policyholder, the insured or the beneficiary in insurance matters
08 Domicile of the consumer
09 Place where the employee carries out his work
10 Place where the business which engaged the employee is situated
11 Place where the immovable property is situated
12 Choice of court agreed by the parties
13 Domicile of the maintenance creditor
14 Other (please specify)
Code
Specification only for code 14
4. Cross-border nature of the case
Codes:
01 Belgium
02 Czech Republic
03 Germany
04 Estonia
05 Greece
06 Spain
07 France
08 Ireland
09 Italy
10 Cyprus
11 Lattland
12 Litauen
13 Luxemburg
14 Ungam
15 Malta
16 The Netherlands
17 Austria
18 Poland
19 Portugal
20 Slovenia
21 Slovakia
22 Finland
23 Sweden
24 United Kingdom
25 other (please specify)
Domicile or habitual residence of claimant
Domicile or habitual residence of defendant
Country of the court
5. Bank details (optional)
5.1 Payment of court fees by the claimant
Codes: 01 By bank transfer 02 By credit card 03 Collection by court from claimant's bank account
04 Legal aid 05 Other (please specify)
If you choose code 02 or 03, please fill in the bank details in Appendix 1
Code
If you choose code 05, please specify
5.2 Payment by defendant of amount awarded
Account holder
Bank name (BIC) or other relevant bank code
Account number
International bank account number (IBAN)
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EUR Euro CYP Cypriot Pound CZK Czech Koruna EEK Estonian Kroon GBP Pound sterling
HUF Hungarian Forint LTL Lithuanian Litas LVL Latvian Lats MTL Maltese Lira PLN Polish Zloty
SEK Swedish Krona SIT Slovenian Tolars SKK Slovak Koruna Other (according to international banking code)
6. Principal Currency
Total value of principal, excluding interest and costs
The claim relates to (Code 1)
01 Sales contract
02 Rental agreement - movable property
03 Rental agreement - immovable property
04 Rental agreement - commercial lease
05 Contract of service - electricity, gas, water, phone
06 Contract of service - medical services
07 Contract of service - transport
08 Contract of service - legal, tax, technical advice
09 Contract of service - hotel, restaurant
10 Contract of service - repair 11 Contract of service - brokerage
12 Contract of service - other (please specify)
13 Building contract
14 Insurance contract
15 Loan
16 Guarantee or other collateral(s)
17 Claims arising from non-contractual obligations if they are subject to an agreement between the parties or an admission of debt (e.g. damages, unjust enrichment) 18 Claims arising from joint ownership of property
19 Damages - contract
20 Subscription agreement (newspaper, magazine)
21 Membership fee
22 Employment agreement
23 Out-of-court settlement
24 Maintenance agreement
25 Other (please specify)
Circumstances invoked (Code 2)
30 Non-payment
31 Insufficient payment
32 Late payment 33 Non-delivery of goods or services
34 Delivery of defective goods or poor services 35 Goods or services not in conformity with the order
36 Other (please specify)
Other details (Code 3)
40 Place of purchase
41 Place of delivery
42 Date of purchase 43 Date of delivery
44 Type of goods or services concerned
45 Address of immovable property 46 In case of loan, purpose: Consumer credit
47 In case of loan, purpose: Mortgage credit
48 Other detail (please specify)
ID
1 Code 1
Code 2
Code 3
Explanatory statement
Date (or period)
Amount
ID
Code 1
Code 2
Code 3
Explanatory statement
Date (or period)
Amount
ID
Code 1
Code 2
Code 3
Explanatory statement
Date (or period)
Amount
ID
Code 1
Code 2
Code 3
Explanatory statement
Date (or period)
Amount
The claim has been assigned to the claimant by (if applicable)
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Additional specifications for claims relating to consumer contracts (if applicable)
The claim concerns matters relating to consumer contracts If yes, the defendant is the consumer If yes, the defendant is domiciled within the meaning of Article 59 of Council Regulation (EC) No 44/2001 in the Member State where the court is seised
yes no yes no yes no
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7. Interest
Codes (please combine number with letter):
01 Statutory 02 Contractual 03 Capitalisation of interest 04 Interest rate on a loan ** 05 Amount calculated by the claimant 06 Other ***
A per year B per half year C per quarter D per month E Other ***
ID *
Code
Interest rate (%)
% over base rate (ECB)
on (amount)
Starting from
to
ID *
Code
Zinssatz (%)
% über dem Bassissatz der EZB
auf (Betrag)
Ab
bis
ID *
Code
Zinssatz (%)
% über dem Bassissatz der EZB
auf (Betrag)
Ab
bis
ID *
Code
Zinssatz (%)
% über dem Bassissatz der EZB
auf (Betrag)
Ab
bis
ID *
Please specify in case of Code 6 and/or E
* Fill in corresponding claim ID ** taken out by the claimant at least in the amount of the principal *** Please specify
8. Contractual penalties (if applicable)
Amount
Please specify
9. Costs (if applicable)
Codes: 01 Court fees 02 Other (please specify)
Code
Specification only for code 02
Currency
Amount
Code
Specification only for code 02
Currency
Amount
Code
Specification only for code 02
Currency
Amount
Code
Specification only for code 02
Currency
Amount
10. Evidence available in support of the claim
Codes: 01 Written evidence 02 Oral evidence 03 Expert evidence 04 Inspection of an object or site 05 Other (please specify)
ID *
Code
Description of evidence
Date (day/month/year)
ID *
Code
Description of evidence
Date (day/month/year)
ID *
Code
Description of evidence
Date (day/month/year)
ID *
Code
Description of evidence
Date (day/month/year)
* Fill in corresponding claim ID
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11. Additional statements and further information (if necessary)
Ihereby request the court to order the defendant(s) to pay to the claimant(s) the sum of the above principal plus interest, contractual penalties and costs.
I declare that to the best of my knowledge and belief the information provided is true.
I acknowledge that any deliberate false statement could lead to appropriate penalties under the law of the Member State of origin.
Done at
Date (day/month/year)
Signature and/or stamp
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Appendix 1 to the application for a European order for payment
Bank details for the purposes of payment of court fees by the claimant
Code: 02 By credit card 03 Collection by court from claimant's bank account
Code
Account holder
Bank name (BIC) or other relevant bank code / Credit card company
Account number / Credit card number
International bank account number (IBAN) / Expiry date and security number of credit card
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Appendix 2 to the application for a European order for payment
Opposition to a transfer to ordinary civil proceedings Case number (to be completed if this Appendix is sent to the court separately from the application form)
Done at
Date (day/month/year)
Signature and/or stamp
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GUIDELINES FOR FILLING IN THE APPLICATION FORM
Important information
This form must be filled in in the language or one of the languages accepted by the court to be seised. Please note that the form is available in all official languages of the European Union; this may help you fill in the form in the required language.
If the defendant lodges an opposition to your claim, proceedings will continue before the competent courts in accordance with the rules of ordinary civil procedure. If you do not wish to continue proceedings in that event, you should also fill in Appendix 2 to this form. This appendix should reach the court before the European order for payment is issued.
If the application concerns a claim against a consumer relating to a consumer contract, it must be lodged with the competent court of the Member State in which the consumer is domiciled. In other cases, the application must be lodged with the court having jurisdiction in accordance with the rules of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Information on the rules of jurisdiction can be found on the European Judicial Atlas (http://ec.europa.eu/justice_home/judicialatlascivil/html/index.htm).
Please make sure you duly sign and date the form on the last page.
Guidelines
At the start of each section you will find specific codes that should be inserted, as appropriate, in the relevant boxes.
1. Court When deciding which court to choose, you need to consider the grounds for the court's jurisdiction.
2. Parties and their representatives This field must identify the parties and their representatives, if any, in accordance with the codes indicated on the form. The box [Identification code] should refer, where applicable, to the special number which solicitors have in certain Member States for the purposes of electronic communication with the court (see Art. 7(6), second subparagraph, of Regulation (EC) No 1896/2006), to the registration number for companies or organisations or to any applicable identification number for natural persons. The box [Other details] may contain any other information that helps to identify the person (e.g. date of birth, position of the named person in the company or organisation concerned). If there are more than four parties and/or representatives, please use field [11].
3. Grounds for the court's jurisdiction See "Important information" above.
4. Cross-border nature of the case For you to be allowed to use this European order for payment procedure, at least two of the boxes in this field must refer to different States.
5. Bank details (optional) In field [5.1], you may inform the court by what means you intend to pay the court fees. Please note that not all methods of payment in this field are necessarily available at the court to which you are making this application. You should verify which method of payment will be accepted by the court. You can do this by contacting the court concerned or by consulting the website of the European Judicial Network in civil and commercial matters (http://ec.europa.eu/civiljustice/). If you choose to pay by credit card or to allow the court to collect the fees from your bank account, you should give the necessary credit card/bank account details in Appendix 1 to this form.
In field [5.2], you may indicate by what means you wish to receive payment from the defendant. If you wish to be paid by bank transfer, please give the necessary bank details.
6. Principal This field must contain a description of the principal and the circumstances forming the basis of the claim in accordance with the codes indicated on the form. You need to use an identification number ("ID") for each claim, numbering them from 1 through 4. Each claim must be specified on the line of the box following the ID number, by filling in the relevant numbers of codes 1, 2, and 3. If you need more space, please use field [11]. The box [Date (or period)] refers, for instance, to the date of the contract or harmful event or to the period of the rent.
7. Interest If interest is demanded, this should be specified for each claim as identified in field [6] in accordance with the codes indicated on the form. The code must contain both the relevant number (first row of the codes) and the letter (second row of the codes). For instance, if the interest rate has been agreed by contract and covers annual periods, the code is 02A. If interest is demanded up to the decision by the court, the last box [to] should be left blank. Code 01 refers to an interest rate laid down by statute. Code 02 refers to an interest rate agreed by the parties. If you use Code 03 (capitalisation of interest), the amount indicated should be the basis for the remainder of the term to be covered. Capitalisation of interest refers to the situation where the accrued interest is added to the principal and is taken into account for purposes of calculating further interest. Please note that in commercial transactions as referred to in Directive 2000/35/EC of 29 June 2000 on combating late payments, the statutory interest rate is the sum of the interest rate applied by the European Central Bank to its most recent main refinancing operation carried out before the first calendar day of the half-year in question ('the reference rate'), plus at least seven percentage points. For a Member State which is not participating in the third stage of economic and monetary union, the reference rate referred to above is the equivalent rate set at national level (e.g. by the national central bank). In both cases the reference rate in force on the first calendar day of the half-year in question will apply for the following six months (see Art. 3(1)(d) of Directive 2000/35/EC). The "base rate (ECB)" refers to the interest rate applied by the European Central Bank to its main refinancing operations.
8. Contractual penalties (if applicable)
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9. Costs (if applicable) If reimbursement of costs is demanded, these must be described using the codes indicated on the form. The box [specification] must be used only for code 02, i.e. when reimbursement of costs other than court fees is demanded. These other costs could include, for instance, fees of a claimant's representative or prelitigation costs. If you request reimbursement of the court fees but you do not know the exact amount, you must fill in the box [Code] (01) but you may leave the box [Amount] blank and it will be filled in by the court.
10. Evidence available in support of the claim This field must specify the evidence available in support of each claim using the codes indicated on the form. The box [Description of evidence] will contain, for instance, the title, name, date, and/or reference number of the document concerned, the amount mentioned on the document concerned, and/or the name of the witness or expert.
11. Additional statements and further information (if necessary) You may use this field if you need more space for any of the fields above or, if necessary, to provide additional information useful to the court. For instance, if there are several defendants each being liable for a portion of the claim, you should indicate here the amount individually owed by each defendant.
Appendix 1 Here you must indicate the details of your credit card or bank account if you choose to pay the court fees by credit card or if you allow the court to collect the fees from your bank account. Please note that not all methods of payment in this field are necessarily available at the court to which you are making this application. Please note that the information given in Appendix 1 will not be sent to the defendant.
Appendix 2 Here you must inform the court if you do not wish to continue proceedings in the event of the defendant opposing the claim. If you send this information to the court after having sent the application form, please make sure you fill in the case number given by the court. Please note that the information given in Appendix 2 will not be sent to the defendant.
ANNEX IISupplementary provisions
ANNEX II
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Request to the claimant to complete and/or rectify an application for a European order for payment
Form B Article 9 (1) of Regulation (EC) No 1896/2006 of the European Parliament
and of the Council creating a European order for payment procedure
1. Court
Court
Address
Postal code
City
Country
Case number
Done at
Date (day/month/year)
Signature and/or stamp
2. Parties and their representatives
Codes: 01 Claimant 03 Claimant's representative * 05 Claimant's legally authorised representative **
02 Defendant 04 Defendant's representative * 06 Defendant's legally authorised representative **
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation***
Other details ***
* e.g. lawyer ** e.g. parent, guardian, managing director *** optional
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Following the examination of your application for a European order for payment, please complete and/or rectify the attached application as indicated below as soon as possible and in any event by ______/______/______
Your initial application should be completed and/or rectified in the language or in one of the languages accepted by the court seised.
The court will reject the application, under the conditions provided for in the Regulation, if you fail to complete and/or rectify the application within the time limit set out above.
Your application has not been filled in in the correct language. Please fill it in in one of the following languages:
01 Czech
02 German
03 Estonian
04 Spanish 05 Greek
06 French
07 Italian
08 Latvian 09 Lithuanian
10 Hungarian
11 Maltese
12 Dutch 13 Polish
14 Portuguese
15 Slovak
16 Slovene 17 Finnish
18 Swedish
19 English
20 other (please specify)
Language code
Language specification (only for code 20)
The following items must be completed and/or rectified:
Codes:
01 Parties and their representatives
02 Grounds of jurisdiction
03 Cross border nature of the case 04 Bank details
05 Principal
06 Interest 07 Contractual penalties
08 Costs
09 Evidence 10 Additional statements
11 Signature
Code
Please specify
Code
Please specify
Code
Please specify
Code
Please specify
Code
Please specify
ANNEX IIISupplementary provisions
ANNEX III
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Proposal to the claimant to modify an application for a European order for payment
Form C Article 10 (1) of Regulation (EC) No 1896/2006 of the European Parliament
and of the Council creating a European order for payment procedure
1. Court
Court
Address
Postal code
City
Country
Case number
Done at
Date (day/month/year)
Signature and/or stamp
2. Parties and their representatives
Codes: 01 Claimant 03 Claimant's representative * 05 Claimant's legally authorised representative **
02 Defendant 04 Defendant's representative * 06 Defendant's legally authorised representative **
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Beruf ***
Sonstige Angaben ***
* e.g. lawyer ** e.g. parent, guardian, managing director *** optional
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After examination of your application for a European order for payment, the court considers that the necessary requirements are met for only a part of the claim. Therefore, the court proposes the following modification to the application:
Please send your reply to the court as soon as possible and in any event by ______/______/______
If you fail to send your reply to the court within the time limit set out above or refuse this proposal, the court will reject your application for a European order for payment, under the conditions provided for in the Regulation, in its entirety.
If you accept this proposal, the court will issue a European order for payment for that part of the claim. It depends on the national law of the Member State where the court is seised whether you will be able, in further proceedings, to recover the remaining part of your initial claim not covered by the European order for payment.
I accept the above proposal by the court I refuse the above proposal by the court
Done at
Date (day/month/year)
Surname, first name
Signature and/or stamp
ANNEX IVSupplementary provisions
ANNEX IV
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Decision to reject the application for a European order for payment
Form D Article 11(1) of Regulation (EC) No 1896 /2006 of the European Parliament
and of the Council creating a European order for payment procedure
1. Court
Court
Address
Postal code
City
Country
Case number
Done at
Date (day/month/year)
Signature and/or stamp
2. Parties and their representatives
Codes: 01 Claimant 03 Claimant's representative * 05 Claimant's legally authorised representative **
02 Defendant 04 Defendant's representative * 06 Defendant's legally authorised representative **
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
* e.g. lawyer ** e.g. parent, guardian, managing director *** optional
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The court has examined your application for a European order for payment, in accordance with Article 8 of Regulation (EC) No 1896/2006 and rejects it on the following ground(s):
01 The application does not fall within the scope of Article 2 of the Regulation (Article 11(1)(a)).
02 The application does not concern a cross-border case within the meaning of Article 3 of the Regulation (Article 11(1)(a)).
03 The application does not concern a pecuniary claim for a specific amount that has fallen due as referred to in Article 4 of the Regulation (Article 11(1)(a)).
04 The court does not have jurisdiction in accordance with Article 6 of the Regulation (Article 11(1)(a)).
05 The application does not fulfil the requirements set out in Article 7 of the Regulation (Article 11(1)(a)).
06 The claim is clearly unfounded (Article 11(1)(b)).
07 The application was not completed or rectified within the time limit specified by the court (Article 9(2) and Article 11(1)(c)).
08 The application was not modified within the time limit specified by the court (Article 10 and Article 11(1)(d)).
Ground(s) for rejection (please use code)
Code
Further information, where necessary
Code
Further information, where necessary
Code
Further information, where necessary
Code
Further information, where necessary
There is no right of appeal against this rejection. However, this does not preclude a new application for a European order for payment or any other procedure available under the law of a Member State.
ANNEX VSupplementary provisions
ANNEX V
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European order for payment
Form E Article 12 (1) of Regulation (EC) No 1896/2006 of the European Parliament
and of the Council creating a European order for payment procedure
1. Court
Court
Address
Postal code
City
Country
Case number
Done at
Date (day/month/year)
Signature and/or stamp
2. Parties and their representatives
Codes: 01 Claimant 03 Claimant's representative * 05 Claimant's legally authorised representative **
02 Defendant 04 Defendant's representative * 06 Defendant's legally authorised representative **
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
* e.g. lawyer ** e.g. parent, guardian, managing director *** optional
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EUR Euro CYP Cypriot Pound CZK Czech Koruna EEK Estonian Kroon GBP Pound sterling
HUF Hungarian Forint LTL Lithuanian Litas LVL Latvian Lats MTL Maltese Lira PLN Polish Zloty
SEK Swedish Krona SIT Slovenian Tolars SKK Slovak Koruna Other (according to international banking code)
In accordance with Article 12 of Regulation (EC) No 1896/2006, the court has issued this European order for payment on the basis of the attached application. By virtue of this decision, you are ordered to pay the claimant the following amount:
Defendant 1
Surname, first name/Name of company or organisation
Currency Amount Date (day/month/year)
Principal
Interest (as of)
Contractual penalties
Costs
Total amount
Defendant 2
Surname, first name/Name of company or organisation
Currency Amount Date (day/month/year)
Principal
Interest (as of)
Contractual penalties
Costs
Total amount
Joint liability
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IMPORTANT INFORMATION FOR THE DEFENDANT
You are hereby advised that:
a. You have the option to:
i. pay the amount indicated in this order to the claimant; or
ii. oppose the order by lodging a statement of opposition with the court that issued this order within the time limit indicated in (b);
b. The statement of opposition must be sent to the court within 30 days of service of this order on you. This 30-day period starts on the day following that on which this order was served. This period includes Saturdays, Sundays and public holidays. Where the last day of such a period is a Saturday, a Sunday or a public holiday, the period will expire on the following working day (see Council Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 *). The public holidays to be taken into account are those of the Member State where the court is situated;
c. This order has been issued solely on the basis of the information provided by the claimant. That information has not been verified by the court;
d. This order will become enforceable unless a statement of opposition has been lodged with the court within the time limit indicated in (b);
e. Where a statement of opposition is lodged, the proceedings will continue before the competent courts of the Member State where this order was issued in accordance with the rules of ordinary civil procedure unless the claimant has explicitly requested that the proceedings be terminated in that event.
* OJ L 124, 8.6.1971, p. 1 (de, fr, it, nl).
English special edition: Series I Chapter 1971(II), p. 354.
Greek special edition: Chapter 01 Volume 1, p. 131.
Portuguese and Spanish special editions: Chapter 01 Volume 1, p. 149.
Finnish and Swedish special editions: Chapter 1 Volume 1, p. 71.
Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovene special editions: Chapter 01 Volume 1, p. 51.
ANNEX VISupplementary provisions
ANNEX VI
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Opposition to a European order for payment
Form F Article 16 (1) of Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure
1. Court
Court
Address
Postal code
Ort
Land
Case number
(to be completed by the court)
Received by the court
2. Parties and their representatives
Codes: 01 Claimant 03 Claimant's representative * 05 Claimant's legally authorised representative **
02 Defendant 04 Defendant's representative * 06 Defendant's legally authorised representative **
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
* e.g. lawyer ** e.g. parent, guardian, managing director *** optional
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I hereby lodge a statement of opposition against the European order for payment issued on ______/______/______
Done at
Date (day/month/year)
Surname, first name
Signature and/or stamp
ANNEX VIISupplementary provisions
ANNEX VII
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Declaration of enforceability
Form G Article 18(1) of Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure
1. Court
Court
Address
Postal code
City
Country
Case number
Done at
Date (day/month/year)
Signature and/or stamp
2. Parties and their representatives
Codes: 01 Claimant 03 Claimant's representative * 05 Claimant's legally authorised representative **
02 Defendant 04 Defendant's representative * 06 Defendant's legally authorised representative **
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Surname, first name/Name of company or organisation
Identification code (if applicable)
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
* e.g. lawyer ** e.g. parent, guardian, managing director *** optional
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The court hereby declares that the attached European order for payment, issued on ______/______/______ and served on ______/______/______ is enforceable in accordance with Article 18 of Regulation (EC) No 1896/2006.
Important information
This European order for payment is automatically enforceable in all Member States of the European Union except Denmark, without the need for an additional declaration of enforceability in the Member State where enforcement is sought and without any possibility of opposing its recognition. The enforcement procedures are governed by the law of the Member State of enforcement, except where the Regulation provides otherwise.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
