Naslov
The European Order for Payment Procedure

Autori
Šago, Dinka

Izvornik
Economic and social development, 70th International Scientific Conference on Economic and Social Development, Book of Proceedings, Baku, June, 2021. (1849-7535) (2021), 70; 1134-1143

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

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

Sažetak
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.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA