Opinion of the Advocate General — ECLI:EU:C:2012:400
Date: 2012-06-28
Language of the case: Polish
Subject matter: Area of freedom, security and justice;Judicial cooperation in civil matters
Procedure: Reference for a preliminary ruling
Origin: Poland

summary claims system, that is to say, a system under which the court issues the order for payment without undertaking a substantive examination of whether the claim is well founded (in the other systems, described as employing the ‘evidence’ model, that supervision is, however, present and the claimant must therefore furnish evidence of his claim). In no‑evidence systems, what appears to be the lesser degree of protection afforded to the defendant is offset by the fact that it very easy for him to oppose the order for payment (without even having to state the reasons). 14 – A provision which calls to mind the affidavit, a procedure typical of the common law systems. 15 – Unless statutory interest is automatically added to the principal under the legislation of the Member State of origin, as provided under Article 7(2)(c).