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Debt recovery in a European order for payment procedure

A European order for payment procedure simplify, speed up and reduce the costs of litigation in cross-border cases concerning uncontested pecuniary claims. The European order for payment procedure is applicable for civil and commercial matters in cross-border cases. 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. Which member state has jurisdiction can be examined only on a case-by-case basis.

The pecuniary claim has to fall due at the time and has to be for a specific amount. If a court has to determine the amount, then such a claim is out of the scope of the European order for payment procedure. The law applicable to the obligation governs the dispute over the amount of debt. The court’s role in the European order for payment procedure is to notify debtors of the debt and highlight the right to settle voluntarily.

The European order for payment is enforceable unless a statement of opposition has been lodged with the court within 30 days of service of the order on him. The debtor cannot partially accept the claim. Consequently, in such a case, the statement of opposition shall be recognised to be an objection to the whole European order for payment.

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 creditor has explicitly requested that the proceedings be terminated in that event.

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