REGULATION (EC) No 1896/2006 of the European Parliament and of the

Council of 12 December 2006 creating a European order for payment procedure

S. Laganovskis

This presentation is Co-funded by the Civil Justice Programme of the European Union Project JUST/2013/JCIV/AG/4691 „The Court of Justice of the European Union and its case law in the area of civil justice”.

Political aims

UK presidency’s priority

Tampere program (1999)

Hague program (2004)

TAMPERE programme (1999)

Main aims:• A genuine European area of justice

• Better access to justice in Europe

• Mutual recognition of judicial decisions

• Special common procedural rules for simplified and accelerated cross-border litigation on small consumer and commercial claims, as well as maintenance claims, and on uncontested claims

Hague programme (2004)to continue development of judicial cooperation in civil matters and full completion of the programme of mutual recognition

to eliminate legal and judicial obstacles in litigation in civil and family matters with cross-border implications

work concerning the following projects should be actively pursued:

the conflict of laws regarding non-contractual obligations ("Rome II") and contractual obligations ("Rome I")

a European Payment Order and instruments concerning alternative dispute resolution and concerning small claims

Necessity of EU instrument

To tackle the issue of mass recovery of uncontested claims

Mutual recognition of judicial decisions

Commission’s proposal (2004)

Purpose of the Regulation

to simplify, speed up and reduce the costs of litigation in cross-border cases concerning uncontested pecuniary claims

to permit the free circulation of European orders for payment throughout the Member States

European procedure

Scope

civil and commercial matters regulation shall not apply to:

revenue, customs or administrative matters or the liability of the State rights in property arising out of a matrimonial relationship, wills and successionbankruptcy, proceedings relating to the winding-up of insolvent companies social securityclaims arising from non-contractual obligations

a cross-border case

European order for payment procedure

European order for payment procedure

Jurisdiction

Using standard forms

Application an application for a European order for payment shall be made using standard form

the names and addresses of the parties, and, where applicable, their representatives, and of the court to which the application is made

the amount of the claim, including the principal and, where applicable, interest

if interest on the claim is demanded, the interest rate and the period of time for which that interest is demanded

Application

the cause of the action, including a description of the circumstances invoked as the basis of the claim

a description of evidence supporting the claim

the grounds for jurisdiction

the cross-border nature of the case

claimant shall declare that the information provided is true to the best of his knowledge

application shall be submitted in paper form or by any other means of communication

announcement within the meaning of Article 17

Examination of the application

Scope

Cross-border case

European order for payment procedure

Jurisdiction

Content of application for a European order for payment

Examination of the application

examination may take the form of an automated procedure

court shall examine, as soon as possible and on the basis of the application form, whether the requirements are met and whether the claim appears to be founded

opportunity to complete or rectify the application

where the court requests the claimant to complete or rectify the application, it shall specify a time limit it deems appropriate. The court may at its discretion extend that time limit

Modification of the application

if the requirements are met for only part of the claim, the court shall inform the claimant to that effect

claimant shall be invited to accept or refuse a proposal for a European order for payment for the amount specified by the court

if the claimant accepts the court's proposal, the court shall issue a European order for payment

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

Rejection of the application The court shall reject the application if:

the requirements  are not met

the claim is clearly unfounded

the claimant fails to send his reply within the time limit specified by the court or refuses the court's proposal

The claimant shall be informed of the grounds for the rejection by means of standard form D

There shall be no right of appeal against the rejection of the application

The rejection of the application shall not prevent the claimant from pursuing the claim by means of a new application

Issue of a European order for payment

If the requirements 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 In the European order for payment, the defendant shall be advised of his options to:

pay the amount indicated 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

In the European order for payment, the defendant shall be informed:

the order was issued solely on the basis of the information which was provided by the claimant the order will become enforceable unless a statement of opposition has been lodged 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

Service

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

Methods available:

A)Service with proof of receipt by the defendant

B) Service without proof of receipt by the defendant

Service may also be effected on a defendant's representative

Opposition to the European order for payment

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 VIThe statement of opposition shall be sent within 30 days of service of the order on the defendantThe defendant shall indicate in the statement of opposition that he contests the claim, without having to specify the reasons for this

Effects of the lodging of a statement of opposition

The proceedings shall continue before the competent courts of the Member State of origin in accordance with the rules of ordinary civil procedure

Abolition of exequatur

Review in exceptional cases:

Fault in service of documents

Force majeure

EnforcementEnforcement

enforcement procedures shall be governed by the law of the Member State of enforcementa copy of the European order for payment and where necessary, a translation of the European order for payment into the official language of the Member State of enforcement

Refusal of enforcement:the earlier decision or order involved the same cause of action between the same partiesthe earlier decision or order fulfils the conditions necessary for its recognition in the Member State of enforcementdefendant has paid the claimant the amount awarded

Miscellaneous

Legal representation

Court fees

Relationship with national procedural law

REGULATION (EC) No 861/2007 of the European

Parliament and of the Council of 11 July 2007

establishing a European Small Claims Procedure

Necessity of EU instrument

The distortion of competition within the internal market due to imbalances with regard to the functioning of the procedural means afforded to creditors in different Member States

Mutual recognition of judicial decisions

Costs, delays and complexities connected with litigation do not necessarily decrease proportionally with the value of the claim

Purpose of the Regulation

European Small Claims Procedure –cross-border cases

to simplify and speed up litigation concerning small claims

to reduce costs

an alternative to the procedures existing under the laws of the Member States

Scope

in cross-border cases to civil and commercial mattersthe value of a claim does not exceed EUR 2 000 Regulation shall not apply:

to revenue, customs or administrative matters or to the liability of the State the status or legal capacity of natural personsrights in property arising out of a matrimonial relationship, maintenance obligations, wills and successionbankruptcy, proceedings relating to the winding-up of insolvent companies

ScopeRegulation shall not apply:

social securityarbitrationemployment lawtenancies of immovable property, with the exception of actions on monetary claimsviolations of privacy and of rights relating to personality, including defamation

Commencement of the ProcedureClaimant shall commence the European Small Claims Procedure by filling in standard claim Form A

The claim form shall include a description of evidence supporting the claim and be accompanied, where appropriate, by any relevant supporting documents

Examination by court. If necessary court gives an opportunity to complete or rectify the application

 

Conduct of the Procedure

written procedure

part I of the standard answer Form C, copy of the claim form, and, where applicable, of the supporting documents, are served on the defendant within 14 days of receiving the properly filled in claim form.

the defendant shall submit his response within 30 days of service of the claim form and answer form

within 14 days of receipt of the response from the defendant, the court or tribunal shall dispatch a copy, together with any relevant supporting documents to the claimant

Languagesclaim form, the response, any counterclaim, any response to a counterclaim and any description of relevant supporting documents shall be submitted in the language of the court

If any other document received by the court or tribunal is not in the language in which the proceedings are conducted, the court or tribunal may require a translation of that document only if the translation appears to be necessary for giving the judgment

party may refuse to accept a document

Conclusion of the Procedure

Within 30 days of receipt of the response from the defendant or the claimant within the time limits, the court or tribunal shall give a judgment or

demand further details

take evidence

summon the parties to an oral hearing

Remit of the court or tribunal

Shall not require the parties to make any legal assessment of the claim

If necessary, the court or tribunal shall inform the parties about procedural questions

Whenever appropriate, the court or tribunal shall seek to reach a settlement between the parties

Where the court or tribunal sets a time limit, the party concerned shall be informed of the consequences of not complying with it

Miscellaneous

legal representation

documents shall be served by postal service attested by an acknowledgement of receipt including the date of receipt

unsuccessful party shall bear the costs of the proceedings

parties may receive practical assistance in filling in the forms

relationship with national procedural law

Enforcement

Review in exceptional cases:

Fault in service of documents

Force majeure

Abolition of exequaturEnforcement:

enforcement procedures shall be governed by the law of the Member State of enforcementcopy of the judgment and copy of the certificate

Refusal of enforcement:the earlier decision or order involved the same cause of action between the same partiesthe earlier decision or order fulfils the conditions necessary for its recognition in the Member State of enforcement

European e-justice portal

(https://e-justice.europa.eu)

Scope

Law

Case law

Judicial systems

Going to court

Registers

Find a …

Dynamic forms

Scope

Legal aid

Successions

Victims of crime

Rights of defendants in criminal proceedings

Access to justice in environmental matters

Glossaries and terminology

European judicial training