Amended proposal for a Regulation of the European Parliament and of the Council creating a European order for payment procedure (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2006-02-07
Institutions: European Commission
Subjects: civil procedure, claim, drafting of EU law, injunction

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.2.2006 
COM(2006) 57 final 

2004/0055 (COD) 

Amended proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

creating a European order for payment procedure 

(presented by the Commission pursuant to Article 250 (2) of the EC Treaty) 

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EXPLANATORY MEMORANDUM 

1. 

BACKGROUND 

On  19  March  2004  the  Commission  adopted  a  proposal  for  a  Regulation  of  the  European 
Parliament  and  of  the  Council  creating  a  European  order  for  payment  procedure1.  The 
proposal  was  transmitted  to  Parliament  and  the  Council  on  19  March  2004.  On  9  February 
2005, the European Economic and Social Committee issued its Opinion on the proposal2. The 
European Parliament referred the proposal to its Legal Affairs Committee (responsible for the 
report)  and  its  Committee  on  Public  Liberties  and  Citizens’  Rights  (for  opinion).  The 
Committee on Public Liberties and Citizens’ Rights adopted its opinion on 13 June 2005. The 
Legal  Affairs  Committee  approved  its  report  on  14  July  2005.  Council  reached  a  general 
agreement on the text of the articles of the Regulation at its meeting on 2 December 2005. At 
the  plenary  session  on  13  December  2005,  the  European  Parliament  adopted  its  opinion 
approving  the  Commission  proposal  subject  to  a  number  of  amendments.  The  amendments 
adopted  by  the  European  Parliament  correspond  to  the  text  agreed  by  the  Council  on  2 
December 2005. They basically replace the articles of the original Commission proposal. 

2. 

OBJECTIVE OF THE AMENDED PROPOSAL 

This  amended  proposal  adapts  the  original  proposal  for  a  Regulation  creating  a  European 
order for payment procedure in response to amendments voted by the European Parliament.  

3. 

COMMISSION  OPINION  ON  THE  AMENDMENTS  ADOPTED  BY 
PARLIAMENT 

3.1 

Amendments accepted in their entirety by the Commission 

Amendments 26, 27, 28, 32, 34, 35, 36, 37, 38, 40, 41, 42, 43, 44, 45, 46, 48, 49, 50, 54, 55, 
56,  57,  58,  59,  60,  61,  62,  63,  64,  65,  66,  67,  and  73  can  be  accepted  as  presented  by 
Parliament since they simplify the proposed procedure, add an additional dimension relating 
to the free circulation of European orders for payment, or they make improvements relating 
either to the clarity of the instrument or to questions of detail, and add material that will be 
potentially useful in implementing the proposed Regulation. 

The  inclusion  of  the  abolition  of  exequatur  in  the  Regulation  requires  the  inclusion  of 
additional recitals which are derived, to a large extent, from Regulation No (EC) 805/2004 of 
the  European  Parliament  and  of  the  Council  of  21  April  2004  creating  a  European 
enforcement order for uncontested claims. 

3.2 

Amendments accepted by the Commission as to substance, subject to reformulation 

Amendments  30,  31,  33,  47,  51,  52,  53,  68,  69,  70,  72,  74,  and  75  can  be  accepted  in 
principle, subject to redrafting: 

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2 

COM (2004) 173 final, 19.03.2004 and COM(2004)173 final/3 of 25.05.2004. 
CESE/2005/133, OJ C 221, 8.9.2005, p. 77. 

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Amendment 30 aims at clarifying that Regulation No (EEC/Euratom) 1182/71 of the Council 
of 3 June 1971 determining the rules applicable to periods, dates and time limits applies for 
purposes of computing time limits. It is appropriate to slightly revise the language used in the 
recital in order not to prejudice an interpretation by the European Court of Justice with respect 
to the applicability of Regulation 1182/71 to existing instruments in the area of civil justice.  

Amendment  31  proposes  to  inform  the  defendant  in  the  relevant  standard  form  about  the 
computation of time limits in accordance with Regulation No (EEC/Euratom) 1182/71 of the 
Council  of  3  June  1971  determining  the  rules  applicable  to  periods,  dates  and  time  limits. 
While this is acceptable in substance, there is no need to include a recital for that purpose; this 
modification must be realised directly in the relevant standard form. 

Amendment  33  obliges  the  courts  to  take  into  account  any  form  of  opposition  by  the 
defendant if it is expressed in a clear manner. In the light of the protection of the rights of the 
defense, it is important to stress the importance of this obligation. The language of the recital 
should therefore be stronger. 

In Amendment 47 the reference should be to Article 4b instead of Article 4b(3) of the text of 
the Parliament.  

In Amendment 51 the word “sent” is missing after “court of origin” in paragraph 2(b). 

Amendments  52  and  53  are  necessary  in  the  light  of  the  inclusion  of  the  abolition  of 
exequatur  for  European  orders  for  payment.  They  are  an  exact  copy  of  the  corresponding 
minimum standards on service in Regulation No (EC) 805/2004 of the European Parliament 
and  of  Council  of  21  April  2004  creating  a  European  enforcement  order  for  uncontested 
claims.  However,  one  technical  modification  is  needed,  resulting  from  the  definition  of 
“cross-border  cases”  proposed  in  Amendment  39  (Article  1a,  paragraph  1  of  the  text  of  the 
Parliament). Under this definition, it is possible that the defendant is domiciled or habitually 
resident in a State other than a Member State of the European Union. In that case, the rules on 
service  of  that  State  will  apply  when  serving  a  European  order  for  payment  upon  the 
defendant. Amendments 52 and 53 need to reflect this possibility and should therefore refer to 
the rules of service of the “State” rather than “Member State”. 

In Amendment 68 the reference in paragraph b should be to Articles 12(d) through 12(f) of 
the text of the Parliament. 

In Amendment 69 the reference in paragraph 1(b) must be to Article 12c of the text of the 
Parliament. 

Amendment  70  should  refer  to  the  annexes  (in  plural)  because  the  Regulation  will  contain 
several annexes. 

Amendment  72  provides  for  a  detailed  review  clause  concerning  the  operation  of  the 
Regulation  in  the  light  of  national  order  for  payment  procedures.  Such  a  review  shall  take 
place five years after the date of entry into force of the Regulation. In the light of the proposed 
distinction, in Amendment 73, between the date of entry into force and the date of entry into 
application of the Regulation, it is more appropriate to refer, in Amendment 72, to the date of 
entry  into  application  rather  than  the  date  of  the  entry  into  force.  This  is  also  in  line  with 
discussions in Council. 

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Amendment 74 must be substantially verified from a technical point of view and must be re-
drafted on the basis of the software needed to ensure an electronic processing of the European 
order for payment. 

Amendment 75 proposes an annex to the application form. This annex is technically part of 
the application form itself and must therefore be included in Amendment 74. 

3.3 

Amendments accepted by the Commission in part  

Amendments 29, 39, and 76 can be accepted partially: 

Amendment  29  aims  at  clarifying  the  objective  pursued  by  the  special  review  offered  to 
defendants after the expiry of the time limit for opposition to the European order for payment. 
Because this review is important in the light of the protection of the rights of the defense of 
the  defendant,  it  should  be  more  specific  and  clarify  that  the  term  “other  exceptional 
circumstances” could include the situation where a European order for payment was based on 
false information provided by the claimant in the application  form.  This is also in  line with 
discussions in Council. 

Amendment  39  aims  at  defining  the  concept  of  “cross-border  case”  for  purposes  of  this 
Regulation.  While  the  Commission  can  accept  the  restriction  of  the  Regulation  to  cross-
border  cases  and  agrees  to  a  large  extent  with  the  proposed  definition,  it  cannot  accept  the 
reference to “Member State” with respect to the domicile or habitual residence of the parties. 
The reference to “Member State” with respect to the parties has significant legal and political 
consequences. This reference means that the European order for payment procedure cannot be 
used  by  non-EU  domiciled  claimants  or  against  non-EU  domiciled  defendants,  in  certain 
cases where European Union courts have jurisdiction, in particular under Council Regulation 
No (EC) 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement 
of judgments in civil and commercial matters. Prohibiting the use of the procedure by non-EU 
domiciled claimants is highly doubtful in the light of existing international obligations of the 
European  Union,  in  particular  obligations  arising  under  GATT  1994,  the  GATS  and  the 
TRIPS  Agreement.  Also,  the  combined  application  of  the  future  instrument  with  the  1988 
Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil 
and  commercial  matters  creates  highly  undesirable  situations  with  respect  to  claimants 
domiciled  or  habitually  resident  in  a  non-EU  State  party  to  that  Convention.  Finally,  the 
definition raises questions under the Agreement on the European Economic Area. 

Amendment  76  proposes  to  delete  annexes  2  and  3  of  the  original  Commission  proposal. 
While Annex 2 may be deleted, this is not the case of Annex 3. Annex 3, as well as the other 
annexes constituting the standard forms, must be redrafted in order to bring them in line with 
the amended proposal, on the basis of the software needed to ensure an electronic processing 
of the European order for payment 

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3.4 

Amendments rejected 

Amendment  71  cannot  be  accepted  because  the  proposed  modification  is  technically  not 
correct. The reference made in this paragraph must be to the entire article concerned, not only 
to the paragraph containing the reference. 

4. 

CONCLUSION 

Having  regard  to  Article  250  paragraph  2  of  the  EC  Treaty,  the  Commission  modifies  its 
proposal as follows. 

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2004/0055 (COD) 

Amended proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
creating a European order for payment procedure 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 61(c) thereof and Article 67(5), second indent, 

Having regard to the proposal from the Commission3, 

Having regard to the opinion of the European Economic and Social Committee4, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty; 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The Community has set itself the objective of maintaining and developing an area of 
freedom, security and  justice,  in which  the free movement of persons is ensured. To 
this  end,  the  Community  is  to  adopt,  among  others,  measures  in  the  field  of  judicial 
cooperation in civil matters having cross-border implications that are necessary for the 
proper functioning of the internal market. 

The  European  Council  meeting  in  Tampere  on  15  and  16  October  1999  invited  the 
Council and the Commission to prepare new legislation on issues that are instrumental 
to  smooth  judicial  cooperation  and  to  enhanced  access  to  law  and  specifically  made 
reference, in that context, to orders for money payment.  

On  30  November  2000,  the  Council  adopted  a  joint  programme  of  the  Commission 
and the Council of measures for implementation of the principle of mutual recognition 
of  decisions  in  civil  and  commercial  matters5.  The  programme  envisages  the 
possibility of a specific, uniform or harmonised procedure to obtain a judicial decision 
laid  down  within  the  Community  in  specific  areas  including  the  one  of  uncontested 
claims.  This  was  taken  forward  by  the  Hague  Programme,  adopted  by  the  European 
Council  on  5  November  2004,  which  calls  on  work  to  be  pursued  actively  on  the 
European order for payment procedure. 

The Commission adopted a Green Paper on a European order for payment procedure 
and  on  measures  to  simplify  and  speed  up  small  claims  litigation  on  20  December 
2002. The Green Paper launched a consultation on the possible objectives and features 
of  a  uniform  or  harmonised  European  procedure  for  the  recovery  of  uncontested 
claims. 

3 
4 
5 

COM (2004) 173 final, 19.03.2004 and COM(2004)173 final/3 of 25.05.2004. 
CESE/2005/133, OJ C 221, 8.9.2005, p. 77 
OJ C 12, 15.1.2001, p. 1. 

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(5) 

The swift and efficient recovery of outstanding debts over which no legal controversy 
exists is of paramount importance for the economic operators in the European Union 
as late  payments  constitute a  major reason  for insolvency threatening the survival of 
businesses,  particularly  small  and  medium-sized  ones,  and  result  in  numerous  job 
losses. 

(6)  Whilst  all  Member  States  try  to  tackle  the  issue  of  mass  recovery  of  uncontested 
claims,  the  majority  of  them  by  devising  a  simplified  order  for  payment  procedure, 
both  the  content  of  national  legislation  and  the  performance  of  the  domestic 
procedures  vary  substantially.  Furthermore,  the  currently  existing  procedures  are 
frequently either inadmissible or impracticable in cross-border situations. 

(7) 

(8) 

(9) 

The resulting impediments to access to efficient justice in cross-border cases and the 
distortion  of  competition  within  the  internal  market  due  to  the  disequilibrium  with 
regard  to  the  functioning  of  the  procedural  means  afforded  to  creditors  in  different 
Member  States  entail  the  need  for  Community  legislation  which  guarantees  a  level 
playing field for creditors and debtors throughout the European Union. 

The  purpose  of  this  Regulation  is  to  simplify,  speed  up  and  reduce  the  costs  of 
litigation in cross-border cases concerning uncontested pecuniary claims by creating a 
European order for payment procedure; and to permit the free circulation of European 
orders for payment throughout all Member States by laying down minimum standards 
whose observance renders unnecessary any intermediate proceedings to be brought in 
the Member State of enforcement prior to recognition and enforcement. 

The  procedure  established  by  this  Regulation  serves  as  an  additional  and  optional 
means  for  the  claimant,  who  remains  free  to  resort  to  a  procedure  provided  for  by 
domestic  law.  Accordingly,  this  Regulation  neither  replaces  nor  harmonises  the 
existing mechanisms for the recovery of uncontested claims under national law. 

(10)  The procedure should be based, to the largest extent possible, on the use of standard 
forms in the communication between the court and the parties in order to facilitate its 
administration and enable the use of automatic data processing. 

(11)  Member  States  when  deciding  which  courts  are  to  have  jurisdiction  to  issue  a 
European  order  for  payment,  shall  give  due  account  to  the  need  to  ensure  access  to 
justice.  

(12) 

In the application for a European order for payment the claimant should be obliged to 
provide  information  that  is  sufficient  to  clearly  identify  the  demand  and  its 
justification to put the defendant in the position of making a well-informed choice of 
opposing the claim or leaving it uncontested.  

(13) 

In that context, it should be mandatory for the claimant to describe some evidence he 
could  rely  on  to  prove  the  correctness  of  his  allegations  without  having  to  actually 
submit documentary evidence to the court.  

(14)  Lodging  of  an  application  for  a  European  order  for  payment  implies  the  payment  of 

any applicable court fees. 

(15)  The  court  shall  examine  the  claim,  including  the  issue  of  jurisdiction  and  the 
description  of  evidence,  on  the  basis  of  the  information  provided  in  the  form.  This 

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would allow the court to examine prima facie the merits of the claim and inter alia to 
exclude  clearly  unfounded  or  inadmissible  claims.  The  examination  does  not 
necessarily need to be carried out by a judge. 

(16)  The European order for payment should apprise the defendant of his options to either 
pay his outstanding debt to the claimant or to submit a statement of opposition if he 
wants  to  contest  the  claim  within  a  time  limit  of  30  days.  In  addition  to  the  full 
information on the claim as supplied by the claimant, the defendant should be advised 
about the legal significance of the European order for payment and in particular of the 
consequences of leaving the claim uncontested. 

(17)  Whereas no review will lie against a rejection of an application for a European order 
for  payment  this  does  not  preclude  the  possibility  of  a  review  of  the  decision  at  the 
same level of jurisdiction.  

(18)  Due  to  differences  in  domestic  law  as  regards  the  rules  of  civil  procedure  and 
especially  those  governing  the  service  of  documents,  it  is  necessary  to  lay  down  a 
specific and detailed definition of those minimum standards. In particular, any method 
based on legal fiction as regards the fulfilment of those standards cannot be considered 
sufficient for the service of a European order for payment. 

(19)  All the methods of service listed in Articles 13 and 14 are characterised by either full 
certainty  (Article  13)  or  a  very  high  degree  of  likelihood  (Article  14)  that  the 
document served has reached its addressee.  

(20)  Personal  service  on  certain  persons  other  than  the  defendant  himself  pursuant  to 
Article  14(1)(a)  and  (b)  should  be  understood  to  meet  the  requirements  of  those 
provisions  only  if  those  persons  actually  accepted/received  the  European  order  for 
payment. 

(21)  Article 15 should apply to situations where the defendant cannot represent himself in 
court,  as  in  the  case  of  a  legal  person,  and  where  a  person  to  represent  him  is 
determined  by  law  as  well  as  situations  where  the  defendant  has  authorised  another 
person,  in  particular  a  lawyer,  to  represent  him  in  the  specific  court  proceedings  at 
issue. 

(22)  The court should ensure full compliance with the minimum procedural standards and 

issue a standardised European order for payment. 

(23)  The defendant may submit a statement of opposition using the standard form set out in 
the  annex.  However,  the  courts  shall  take  into  account  any  other  written  form  of 
opposition if it is expressed in a clear manner. 

(24)  A  statement  of  opposition  filed  within  the  time  limit  should  terminate  the  European 
order  for  payment  procedure  and  should  lead  to  an  automatic  transfer  of  the  case  to 
ordinary civil proceedings unless the claimant has explicitly requested to discontinue 
the  proceedings  in  that  event.  The  concept  of  ordinary  civil  proceedings  in  this 
Regulation should not necessarily be interpreted within the meaning of national law.  

(25) 

In  exceptional  cases  the  defendant  should  be  entitled  to  apply  for  a  review  of  the 
European  order  for  payment  despite  the  expiry  of  the  time-limit  for  submitting  a 
statement  of  opposition.  Such  a  review  in  exceptional  cases  does  not  mean  that  the 

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defendant is given a second chance to object to the claim. During the review procedure 
the merits of the claim should not be evaluated beyond the grounds resulting from the 
exceptional  circumstances 
the  defendant.  The  other  exceptional 
circumstances  referred  to  in  Article  20(2)  could  include  the  situation  where  the 
European  order  for  payment  was  based  on  false  information  provided  in  the 
application form.  

invoked  by 

(26)  Whereas the combined court fees of a European order for payment and of the ordinary 
civil proceedings in the event of a statement of opposition should not exceed the court 
fees  of  ordinary  civil  proceedings  without  a  preceding  European  order  for  payment, 
those costs do not include, for example, lawyers’ fees or costs of service of documents 
by an entity other than a court. 

(27)  A  European  order  for  payment  issued  in  one  Member  State  which  has  become 
enforceable  should  be  regarded  for  the  purposes  of  enforcement  as  if  it  had  been 
issued  in  the  Member  State  in  which  enforcement  is  sought.  Mutual  trust  in  the 
administration of justice in the Member States justifies the assessment by the court of 
one Member State that all conditions for delivering a European order for payment are 
fulfilled and that the order is to be enforced in all other Member States without judicial 
control  of  the  proper  application  of  minimum  procedural  standards  in  the  Member 
State  where  the  order  is  to  be  enforced.  Without  prejudice  to  the  provisions  of  this 
Regulation, in particular Articles 22 (1) and (2) and 23, the rules for the enforcement 
of a European order for payment will continue to be governed by national law. 

(28) 

It  is  recalled  that  the  computation  of  periods  and  time  limits  is  to  be  governed  by 
Council  Regulation  No  1182/71  of  3  June  1971  determining  the  rules  applicable  to 
periods, dates and time limits.6 

(29)  Since  the  objectives  of  this  Regulation  cannot  be  sufficiently  achieved  by  the  Member 
States  and  can  therefore,  by  reason  of  the  scale  and  the  impact  of  the  Regulation,  be 
better achieved at Community level, the Community may adopt measures, in accordance 
with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with 
the principle of proportionality as set out in that same Article, this Regulation does not go 
beyond what is necessary in order to achieve those objectives. 

(30)  This Regulation respects the fundamental rights and observes the principles recognised 
in particular by the Charter of Fundamental Rights of the European Union as general 
principles of Community law. Specifically, it seeks to ensure full respect for the right 
to a fair trial as recognised in Article 47 of the Charter. 

(31)  The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission7. 

(32)  The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the 
position of the United Kingdom and Ireland annexed to the Treaty on European Union 
and the Treaty establishing the European Community, have given notice of their wish 
to take part in the adoption and application of this Regulation. 

6 
7 

OJ L 124, 8.6.1971, p. 1. 
OJ L 184, 17.7.1999, p. 23. 

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(33)  Denmark,  in  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of 
Denmark  annexed  to  the  Treaty  on  European  Union  and  the  Treaty  establishing  the 
European  Community,  is  not  participating  in  the  adoption  of  this  Regulation,  and  is 
therefore not bound by it nor subject to its application, 

HAVE ADOPTED THIS REGULATION: 

Article 1 
Subject matter 

1. 

The purpose of this Regulation is  

-  to  simplify,  speed  up  and  reduce  the  costs  of  litigation  in  cross-border  cases 
concerning uncontested pecuniary claims by creating a European order for payment 
procedure; and 

-  to  permit  the  free  circulation  of  European  orders  for  payment  throughout  all 
Member  States  by  laying  down  minimum  standards  whose  observance  renders 
unnecessary  any  intermediate  proceedings  to  be  brought  in  the  Member  State  of 
enforcement prior to recognition and enforcement.  

This  Regulation  shall  not  prevent  a  claimant  from  pursuing  a  claim  within  the 
meaning of Article 4 by making use of another procedure available under the law of 
a Member State or under Community law. 

Article 2 
Scope 

This Regulation shall apply, in cross-border cases, to civil and commercial matters, 
whatever  the  nature  of  the  court  or  tribunal.  It  shall  not  extend,  in  particular,  to 
revenue,  customs  or  administrative  matters  or  the  liability  of  the  State  for  acts  and 
omissions in the exercise of State authority (“acta iure imperii”). 

2. 

1. 

2. 

This Regulation shall not apply to: 

(a) 

rights  in  property  arising  out  of  a  matrimonial  relationship,  wills  and 
succession; 

(b)  bankruptcy, proceedings relating to the winding-up of insolvent companies or 
other  legal  persons,  judicial  arrangements,  compositions  and  analogous 
proceedings; 

(c) 

social security; 

(d) 

claims arising from non-contractual obligations, unless 

(i) they have been the subject of an agreement between the parties or there has 
been an admission of debt; or 

(ii) they relate to liquidated debts arising from joint ownership of property. 

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3. 

1. 

2. 

3. 

In  this  Regulation,  the  term  ‘Member  State’  shall  mean  Member  States  with  the 
exception of Denmark.  

Article 3 
Cross-border cases 

For the purposes of this Regulation, a cross-border case is one in which at least one 
of  the  parties  is  domiciled  or  habitually  resident  in  a  State  other  than  the  Member 
State of the court seized. 

Domicile  shall  be  determined  in  accordance  with  Articles  59  and  60  of  Council 
Regulation  (EC)  No  44/2001  of  22  December  2000  on  jurisdiction  and  the 
recognition and enforcement of judgments in civil and commercial matters.8  

The relevant moment for determining whether there is a cross-border case is the time 
when  the  application  for  a  European  order  for  payment  is  submitted  in  accordance 
with this Regulation. 

Article 4 
European order for payment procedure 

The  European  order  for  payment  procedure  is  established  for  the  collection  of  pecuniary 
claims  for  a  specific  amount  that  have  fallen  due  at  the  time  when  the  application  for  a 
European order for payment is submitted. 

Article 5 

Definitions 

For the purposes of this Regulation, the following definitions shall apply: 

1. 

2. 

3. 

4. 

1. 

"Member State of origin": the Member State in which a European order for payment 
is issued; 

"Member  State  of  enforcement":  the  Member  State  in  which  enforcement  of  the 
European order for payment is sought; 

"court": any authority in the Member States with competence regarding the European 
order for payment or any other related matters; 

"court of origin": the court which issues the European order for payment. 

Article 6 
Jurisdiction 

For  the  purposes  of  applying  this  Regulation,  jurisdiction  shall  be  determined  in 
accordance  with  the  relevant  rules  of  Community  law,  in  particular  Council 

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OJ L 12, 16.1.2001, p. 1. 

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2. 

1. 

2. 

3. 

4. 

5. 

Regulation  (EC)  No  44/2001  of  22  December  2000  on  jurisdiction  and  the 
recognition and enforcement of judgments in civil and commercial matters.  

However, if the claim relates to a contract concluded by a person, the consumer, for a 
purpose  which  can  be  regarded  as  being  outside  his  trade  or  profession,  and  if  the 
defendant  is  the  consumer,  only  the  courts  in  the  Member  State  in  which  the 
defendant  is  domiciled  within  the  meaning  of  Art.  59  of  Regulation  44/2001  of  22 
December 2000 on jurisdiction and the recognition and enforcement of judgments in 
civil and commercial matters shall have jurisdiction. 

Article 7 
Application for a European order for payment 

An  application  for  a  European  order  for  payment  shall  be  made  using  the  standard 
form in the Annex. 

The application shall state: 

(a) 

(b) 

(c) 

the  names  and  addresses  of  the  parties,  and,  where  applicable,  their 
representatives, and of the court to which the application is made;  

the amount of the claim, including the principal and, where applicable, interest 
and contractual penalties; 

if  interest  on  the  claim  is  demanded,  the  interest  rate  and  the  time  period  for 
which that interest is demanded unless statutory interest is automatically added 
to the principal under the law of the Member State of origin; 

(d) 

the cause of action, including a description of the circumstances invoked as the 
basis of the claim and, where applicable, of the interest demanded; 

(e) 

a description of evidence supporting the claim; 

(f) 

the grounds for jurisdiction; and 

(g) 

the cross-border nature of the case in accordance with Article 3. 

In the application, the claimant shall state that the information provided is true to the 
best  of  the  claimant’s  knowledge  and  belief  and  that  he  acknowledges  that  any 
deliberate  false  statement  could  lead  to  appropriate  sanctions  under  the  law  of  the 
Member State of origin. 

In an annex to the application, the claimant may indicate to the court that he opposes 
a  transfer  to  ordinary  proceedings  within  the  meaning  of  Article  17  in  case  of 
opposition by the defendant. This does not prevent the claimant from informing the 
court thereof subsequently, but in any event before the order is issued. 

The  application  shall  be  submitted  in  paper  form  or  by  any  other  means  of 
communication,  including  electronic,  accepted  by  the  Member  State  of  origin  and 
available to the court of origin.  

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6. 

The  application  must  be  signed  by  the  claimant  or,  where  applicable,  by  his 
representative.  Where  the  application  is submitted in electronic form in  accordance 
with  paragraph  5  above,  it  shall  be  signed  in  accordance  with  Article  2(2)  of 
Directive  1999/93/EC  of  the  European  Parliament  and  of  the  Council  of 
13 December  1999  on  a  Community  framework  for  electronic  signatures.9  The 
signature  shall  be  recognised  in  the  Member  State  of  origin  and  may  not  be  made 
subject to additional requirements.  

However, such electronic signature shall not be required if and to the extent that an 
alternative  electronic  communications  system  exists  in  the  courts  of  the  Member 
State  of  origin  which  is  available  to  a  certain  group  of  pre-registered  authenticated 
users and that permits the identification of those users in a secure manner. Member 
States shall inform the Commission of such communication systems.  

Article 8 
Examination of the application 

The court seized of an application for a European order for payment shall examine, as soon as 
possible and on the basis of the application form, whether the requirements set out in Articles 
2,  3,  4,  6  and  7  are  met  and  whether  the  claim  appears  to  be  founded  and  admissible.  This 
examination can be by means of an automated procedure.  

Article 9 
Completion and rectification 

1. 

2. 

1. 

If  the  requirements  set  out  in  Article  7  are  not  met  and  unless  the  application  is 
clearly unfounded or inadmissible, the court shall give the claimant the opportunity 
to  complete  or  rectify  the  application.  The  court  shall  use  the  standard  form  in  the 
Annex.  

Where the court requests the claimant to complete or rectify the application, it shall 
specify a time limit it deems appropriate in the circumstances. The court may at its 
discretion extend the time limit. 

Article 10 
Modification of the application 

If the requirements set out in Article 8 are met for only a part of the application, the 
court  shall  inform  the  claimant  thereof,  using  the  standard  form  in  the  Annex.  The 
claimant  shall  be  invited  to  accept  or  refuse  a  proposal  for  a  European  order  for 
payment  for  the  amount  specified  by  the  court  and  shall  be  informed  of  the 
consequences of his decision. The claimant shall reply by returning the standard form 
sent by the court within a time limit specified by the court in accordance with Article 
9(2).  

9 

OJ L 13, 19.1.2000, p. 12. 

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2. 

3. 

If the claimant accepts the court’s proposal, the court shall issue a European order for 
payment, in accordance with Article 12, for that part of the application accepted by 
the claimant. The consequences with respect to the remaining part of the initial claim 
shall be governed by national law. 

If the claimant fails to send his reply within the time limit specified by the court or 
refuses the court's proposal, the court shall reject the application for a European order 
for payment in its entirety, in accordance with Article 11. 

Article 11 
Rejection of the application 

1. 

The court shall reject the application if  

(a) 

(b) 

the  claimant  fails  to  send  his  response  within  the  time  limit  set  by  the  court 
under Article 9(2); or 

the claimant fails to send his reply within the time limit specified by the court 
or refuses the court's proposal, in accordance with Article 10; or  

(c) 

the requirements set out in Articles 2, 3, 4, 6 and 7 are not met; or  

(d) 

the claim is clearly unfounded or inadmissible. 

The  claimant  shall  be  informed  of  the  grounds  for  the  rejection  by  means  of  the 
standard form in the Annex. 

No appeal shall lie against the rejection of the application.  

The  rejection  of  the  application  shall  not  prevent  the  claimant  from  pursuing  the 
claim  by  means  of  a  new  application  for  a  European  order  for  payment  or  of  any 
other procedure available under the law of a Member State. 

Article 12 
Issue of a European order for payment 

If the conditions set out in Article 8 are met, the court shall issue, as soon as possible 
and normally within 30 days as of the lodging of the application, a European order 
for payment, using the standard form in the Annex.  

The  30  days  period  shall  not  include  the  time  taken  by  the  claimant  to  complete, 
rectify or modify the application. 

The  European  order  for  payment  shall  be  issued  together  with  a  copy  of  the 
application  form.  It  shall  not  comprise  the  information  provided  by  the  claimant 
pursuant to Article 7(4). 

2. 

3. 

1. 

2. 

3. 

In the European order for payment, the defendant shall be advised of his options to 

(a) 

pay the amount indicated in the order to the claimant; or 

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(b)  oppose the order by lodging a statement of opposition with the court of origin, 

sent within the time limit laid down in Article 16(2). 

4. 

In the European order for payment, the defendant shall be informed that   

(a) 

(b) 

the order was issued on the sole basis of the information which was provided 
by the claimant and was not verified by the court; 

the  order  will  become  enforceable  unless  a  statement  of  opposition  has  been 
lodged with the court in accordance with Article 16; 

(c)  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  claimant  has  explicitly 
requested to terminate the proceedings in that event. 

5. 

The court shall ensure that the order is served on the defendant in accordance with 
national  law  by  a  method  that  shall  meet  the  minimum  standards  laid  down  in 
Articles 13 to 15 below.  

Article 13 
Service with proof of receipt by the defendant  

The  European  order  for  payment  may  be  served  on  the  defendant  in  accordance  with  the 
national law of the State addressed, by one of the following methods: 

(a) 

personal service attested by an acknowledgement of receipt, including the date 
of receipt, which is signed by the defendant;  

(b)  personal service attested  by a document  signed  by the  competent  person who 
effected  the  service  stating  that  the  defendant  has  received  the  document  or 
refused to receive it without any legal justification, and the date of service;  

(c) 

(d) 

postal service attested by an acknowledgement of receipt including the date of 
receipt, which is signed and returned by the defendant; 

service  by  electronic  means  such  as  fax  or  e-mail,  attested  by  an 
acknowledgement of receipt including the date of receipt, which is signed and 
returned by the defendant.  

Article 14 
Service without proof of receipt by the defendant 

1. 

The European order for payment may also be served on the defendant in accordance 
with the national law of the State addressed, by one of the following methods: 

(a) 

personal service at the defendant’s personal address on persons who are living 
in the same household as the defendant or are employed there; 

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(b) 

in the case of a self-employed defendant or a legal person, personal service at 
the  defendant’s  business  premises  on  persons  who  are  employed  by  the 
defendant;  

(c) 

deposit of the order in the defendant’s mailbox; 

(d)  deposit of the order at a post office or with competent public authorities and the 
placing  in  the  defendant’s  mailbox  of  written  notification  of  that  deposit, 
provided  that  the  written  notification  clearly  states  the  character  of  the 
document as a court document or the legal effect of the notification as effecting 
service and setting in motion the running of time for purposes of time limits; 

(e) 

(f) 

postal service without proof pursuant to paragraph 3 where the defendant has 
his address in the Member State of origin; 

electronic  means  attested  by  an  automatic  confirmation  of  delivery,  provided 
that the defendant has expressly accepted this method of service in advance. 

For the purposes of this Regulation, service under paragraph 1 is not admissible if the 
defendant’s address is not known with certainty. 

Service pursuant to paragraph 1 (a) to (d) shall be attested by: 

(a) 

a  document  signed  by  the  competent  person  who  effected  the  service, 
indicating: 

2. 

3. 

(i) 

the method of service used;  

(ii) 

the date of service; 

(iii)  where the order has been served on a person other than the defendant, the 

name of that person and his relation to the defendant; 

or 

(b) 

an  acknowledgement  of  receipt  by  the  person  served,  for  purposes  of 
paragraphs (1)(a) and (b). 

Article 15 
Service on a representative 

Service pursuant to Articles 13 and 14 may also be effected on a defendant’s representative. 

Article 16 
Opposition to the European order for payment 

1. 

The  defendant  may  lodge  a  statement  of  opposition  to  the  European  order  for 
payment with the court of origin using the standard form in the Annex which shall be 
supplied to him together with the European order for payment. 

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2. 

3. 

4. 

5. 

1. 

2. 

3. 

The statement of opposition shall be sent within 30 days of service of the order on 
the defendant. 

The defendant shall indicate in the statement of opposition that he contests the claim, 
without having to specify the reasons for this.  

The statement of opposition shall be submitted in paper form or by any other means 
of communication, including electronic, accepted by the Member State of origin and 
available to the court of origin.  

The statement of opposition must be signed by the defendant or, where applicable, by 
his representative. Where the statement of opposition is submitted in electronic form 
in accordance with paragraph 4 above, it shall be signed in accordance with Article 
2(2)  of  Directive  1999/93/EC  of  the  European  Parliament  and  of  the  Council  of 
13 December  1999  on  a  Community  framework  for  electronic  signatures.  The 
signature  shall  be  recognised  in  the  Member  State  of  origin  and  may  not  be  made 
subject to additional requirements. 

However, such electronic signature shall not be required if and to the extent that an 
alternative  electronic  communications  system  exists  in  the  courts  of  the  Member 
State  of  origin  which  is  available  to  a  certain  group  of  pre-registered  authenticated 
users and that permits the identification of those users in a secure manner. Member 
States shall inform the Commission of such communication systems. 

Article 17 
Effects of the lodging of a statement of opposition 

If  a  statement  of  opposition  is  entered  within  the  time  limit  laid  down  in 
Article 16(2),  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 claimant has explicitly requested to terminate the proceedings in that event 
in accordance with Article 7(4).  

Where  the  claimant  pursued  his  claim  through  the  European  order  for  payment 
procedure,  nothing  under  national  law  shall  prejudice  his  position  in  subsequent 
ordinary proceedings. 

The  transfer  to  ordinary  proceedings  within  the  meaning  of  paragraph  1  shall  be 
governed by the law of the Member State of origin. 

The claimant shall be informed of whether the defendant has lodged a statement of 
opposition and of any transfer to ordinary proceedings. 

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Article 18 
Enforceability 

1. 

2. 

3. 

If within the time limit laid down in Article 16(2), taking into account an appropriate 
period  of  time  to  allow  a  statement  to  arrive,  no  statement  of  opposition  has  been 
lodged,  the  court  of  origin  shall  without  delay  declare  the  European  order  for 
payment enforceable, using the standard form in the Annex. The court of origin shall 
verify the date of service. 

Without prejudice to paragraph 1, the formal requirements for enforceability shall be 
governed by the law of the Member State of origin. 

The court shall send the enforceable European order for payment to the claimant. 

Article 19 
Abolition of exequatur 

A European order for payment which has become enforceable in the Member State of origin 
shall  be  recognised  and  enforced  in  the  other  Member  States  without  the  need  for  a 
declaration of enforceability and without any possibility of opposing its recognition. 

Article 20 
Review in exceptional cases 

1. 

Upon the expiry of the time limit laid down in Article 16(2), the defendant is entitled 
to apply for a review of the European order for payment before the competent court 
in the Member State of origin where: 

(i) 
(a) 
Article 14; and 

the order for payment was served by one of the methods provided for in 

(ii) 

service was not effected in sufficient time to enable him to arrange for his 
defense, without any fault on his part, 

or 

the  defendant  was  prevented  from  objecting  to  the  claim  by  reason  of  force 

(b) 
majeure or due to extraordinary circumstances without any fault on his part,  

provided in either case that he acts promptly. 

2. 

Upon  the  expiry  of  the  time  limit  laid  down  in  Article  16(2),  the  defendant  is  also 
entitled  to  apply  for  a  review  of  the  European  order  for  payment  before  the 
competent  court  in  the  Member  State  of  origin  where  the  European  order  for 
payment was clearly wrongly granted, having regard to the requirements laid down 
in this Regulation, or due to other exceptional circumstances. 

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3. 

If the court rejects the application on the basis that none of the grounds for review 
referred to in paragraphs 1 and 2 apply, the European order for payment shall remain 
in force.  

If  the  court  decides  that  the  review  is  justified  for  one  of  the  reasons  laid  down  in 
paragraphs 1 and 2, the European order for payment shall be null and void. 

Article 21 
Enforcement 

1. 

Without prejudice to the provisions of this Regulation, enforcement procedures shall 
be governed by the law of the Member State of enforcement. 

A  European  order  for  payment  which  has  become  enforceable  shall  be  enforced 
under the same conditions as an enforceable decision issued in the Member State of 
enforcement. 

2. 

For  enforcement  in  another  Member  State,  the  claimant  shall  produce  to  the 
competent enforcement authorities of that Member State: 

(a) 

a copy of the European order for payment, as declared enforceable by the court 
of origin, which satisfies the conditions necessary to establish its authenticity; 
and 

(b)  where  necessary,  a  translation  of  the  European  order  for  payment  into  the 
official  language  of  the  Member  State  of  enforcement  or,  if  there  are  several 
official  languages  in  that  Member  State,  the  official  language  or  one  of  the 
official  languages  of  court  proceedings  of  the  place  where  enforcement  is 
sought,  in  conformity  with  the  law  of  that  Member  State,  or  into  another 
language  that  the  Member  State  of  enforcement  has  indicated  it  can  accept. 
Each  Member  State  may  indicate  the  official  language  or  languages  of  the 
institutions of the European Community other than its own which it can accept 
for  the  European  order  for  payment.  The  translation  shall  be  certified  by  a 
person qualified to do so in one of the Member States. 

No security, bond or deposit, however described, shall be required of a claimant who 
in one Member State applies for enforcement of a European order for payment issued 
in another Member State on the ground that he is a foreign national or that he is not 
domiciled or resident in the Member State of enforcement. 

Article 22 
Refusal of enforcement  

Enforcement shall, upon application by the defendant, be refused by the competent 
court  in  the  Member  State  of  enforcement  if  the  European  order  for  payment  is 
irreconcilable with an earlier decision or order previously given in any Member State 
or in a third country, provided that: 

(a) 

the  earlier  decision  involved  the  same  cause  of  action  and  was  between  the 
same parties; and 

3. 

1. 

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(b) 

(c) 

the  earlier  decision  fulfils  the  conditions  necessary  for  its  recognition  in  the 
Member State of enforcement; and 

the  irreconcilability  could  not  have  been  raised  as  an  objection  in  the  court 
proceedings in the Member State of origin. 

2. 

3. 

Enforcement  shall,  upon  application,  also  be  refused  if  and  to  the  extent  that  the 
defendant  has  paid  the  claimant  the  amount  awarded  in  the  European  order  for 
payment. 

Under no circumstances may the European order for payment be reviewed as to its 
substance in the Member State of enforcement. 

Article 23 
Stay or limitation of enforcement 

Where the  defendant  has applied  for a review in accordance  with Article 20, the competent 
court in the Member State of enforcement may, upon application by the defendant: 

(a) 

limit the enforcement proceedings to protective measures; or 

(b)  make  enforcement  conditional  on  the  provision  of  such  security  as  it  shall 

determine; or 

(c) 

under exceptional circumstances, stay the enforcement proceedings. 

Article 24 
Legal representation 

Representation by a lawyer or another legal professional shall not be mandatory: 

(a) 

for the claimant in respect of the application for a European order for payment; 

(b) 

for the defendant in respect of the statement of opposition to a European order 
for payment. 

Article 25 
Court fees 

1. 

The  combined  court  fees  of  a  European  order  for  payment  procedure  and  of  the 
ordinary civil proceedings that ensue  in the event of a statement of opposition to a 
European  order  for  payment  in  a  Member  State  shall  not  exceed  the  court  fees  of 
ordinary  civil  proceedings  without  a  preceding  European  order  for  payment 
procedure in that Member State. 

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2. 

For the purposes of this Regulation, court fees shall comprise fees and charges to be 
paid to the court, the amount of which is fixed in accordance with national law. 

Article 26 
Relationship with national procedural law 

All  procedural  issues  not  specifically  dealt  with  in  this  Regulation  shall  be  governed  by 
national law. 

Article 27 
Relationship with Regulation (EC) No 1348/2000 

This Regulation shall not affect the application of Council Regulation (EC) No 1348/2000 on 
the  service  in  the  Member  States  of  judicial  and  extrajudicial  documents  in  civil  and 
commercial matters. 

Article 28 
Information relating to service costs and enforcement 

The Member States shall cooperate to provide the general public and professional circles with 
information on  

a) 

costs of service of documents; and 

b)  which  authorities  have  competence  with  respect  to  enforcement  for  the 

purposes of the application of Articles 21 to 23,  

notably  via  the  European  Judicial  Network  in  civil  and  commercial  matters  established  in 
accordance with Council Decision 2001/470/EC of 28 May 2001. 

Article 29 
Information relating to jurisdiction, review procedures, means of communication and 
languages 

1. 

By  __  _______________,  200_,  the  Member  States  shall  communicate  to  the 
Commission: 

(a)  which courts have jurisdiction to issue a European order for payment; 

(b) 

the  review  procedure  and  the  competent  courts  for  the  purposes  of  the 
application of Article 20; 

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(c) 

the means of communication accepted for purposes of the European order for 
payment procedure and available to the courts; and 

(d) 

the languages accepted pursuant to Article 21(2)(b). 

Member  States  shall  apprise  the  Commission  of  any  subsequent  changes  to  this 
information. 

2. 

The Commission shall make the information notified in accordance with paragraph 1 
publicly available through publication in the Official Journal of the European Union 
and through any other appropriate means. 

Article 30  
Amendments to the annexes 

The standard forms set out in the Annexes shall be shall be updated or technically adjusted, 
ensuring  full  conformity  with  the  provisions  of  this  Regulation,  in  accordance  with  the 
procedure referred to in Article 31. 

Article 31 
Committee 

1. 

2. 

The  Commission  shall  be  assisted  by  the  committee  provided  for  by  Article  75  of 
Regulation (EC) No 44/2001. 

Where reference is made to this Article, Articles 3 and 7 of Decision 1999/468/EC 
shall apply, having regard to the provisions of Article 8 thereof. 

Article 32 
Review 

By  __  _________  200_,10  the  Commission  shall  present  to  the  European  Parliament,  the 
Council  and  the  European  Economic  and  Social  Committee  a  detailed  report  reviewing  the 
operation  of  the  European  order  for  payment  procedure.  That  report  shall  contain  an 
assessment  of  the  procedure  as  it  has  operated  and  an  extended  impact  assessment  for  each 
Member State. 

To this end and in order to ensure that best practice in the European Union is duly taken into 
account  and  reflects  the  principles  of  better  legislation,  Member  States  shall  provide  the 
Commission with information relating to the cross-border operation of the European order for 
payment. This information should cover court fees, speed of the procedure, efficiency, ease of 
use and the internal payment order procedures of the Member States. 

The Commission’s report shall be accompanied, if appropriate, by proposals for adaptation. 

10 

Five years after the date of entry into application of the Regulation. 

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Article 33 
Entry into force  

This Regulation shall enter into force on __ _______________ 200_. 

It shall apply from __ _________ 200_, with the exception of Articles 29, 30 and 31 which 
shall apply from __ ________ 200_. 

This  Regulation  is  binding  in  its  entirety  and  directly  applicable  in  the  Member  States  in 
accordance with the Treaty establishing the European Community. 

Done at Brussels,  

For the European Parliament, 
The President 

For the Council 
The President 

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