Civil and Commercial Claims in Europe

A European order for payment procedure allows creditors to recover their uncontested civil and commercial claims. The Regulation applies between all Member States of the European Union with the exception of Denmark. European order for payment is issued by courts with the exception of Hungary, where order for payment procedure falls under the competence of notaries (civil law notaries)

The court will examine the application and should issue the European Payment Order within 30 days. The European Payment Order must then be served on the defendant by the court or the claimants agents. The defendant can either pay the amount of the claim, or contest it and has 30 days to lodge any statement of opposition to the European Payment Order. If this happens, the case must be transferred to the normal civil law courts to be dealt with under national law.

If there is no statement of opposition by the defendant, the European Payment Order will become automatically enforceable. A copy of the European Payment Order, and if necessary a translation, must be sent to the enforcement authorities of the Member State where it needs to be enforced. Enforcement takes place in accordance with the national rules and procedures of the Member State where the European Payment Order is being enforced

Once the European Enforcement Order has been issued by the court, it must be sent to the enforcement authority of the Member State where the debtor lives or where his/her assets are. As well as the European Enforcement Order, a copy of the original judgment must be sent, and a translation of the European Enforcement Order certificate may be required, depending on what languages are accepted by the enforcement authority in the other Member State.

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