engleski

The European Order for Payment Procedure

The European Order for Payment Procedure (EOP) is based on Regulation (EC) No. 1896/2006 of the European Parliament and of the Council (hereinafter: EPO). It entered into force on 12 December 2008. This paper analyze basic principles of the Regulation. The EOP is not a compulsory proceeding for the plaintiff but an option, he can choose between this proceeding and any other proceeding provided by the law and it applies only to overdue, uncontested monetary cross-border claims. The procedure is not available in all kinds of disputes, but there are no limitations on its application to uncontested, overdue consumer complaints. There are several reasons for the regulation of the EOP on an optional basis but the most outstanding one is that in those Member States where an order for payment procedure does not exist, the claimant could be deprived of the possibility to use this kind of proceeding. A EOP is enforceable in all Member States except Denmark, and does not need to be separately declared enforceable. It must be sent to the enforcement authorities in the Member State in which it is to be enforced. The main purpose of the Regulation is to make the order for payment procedure in a cross-border context simple, effective and swift manner in another Member State through direct contact with judicial authorities of the latter. The procedure simplifies, speeds up and reduces the costs of litigation in cross-border cases concerning uncontested pecuniary claims.

civil and commercial matters, cross border cases, European Union, Member State, order for payment procedure

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