Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure
Date: 2006-12-12
Institutions: Council of the European Union, European Parliament
Subjects: civil procedure, civil proceedings, claim, injunction, judicial cooperation in civil matters in the EU

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(Acts whose publication is obligatory)

REGULATION (EC) No 1896/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 12 December 2006

creating a European order for payment procedure

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 61(c) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and
Social Committee (1),

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

Whereas:

The Community has set itself the objective of maintain-
ing and developing an area of freedom, security and jus-
tice in which the free movement of persons is ensured. For
the gradual establishment of such an area, the Commu-
nity is to adopt, inter alia, measures in the field of judicial
cooperation in civil matters having cross-border implica-
tions and needed for the proper functioning of the inter-
nal market.

According to Article 65(c) of the Treaty, these measures
are to include measures eliminating obstacles to the good
functioning of civil proceedings, if necessary by promot-
ing the compatibility of the rules on civil procedure appli-
cable in the Member States.

The European Council meeting in Tampere on 15 and
16 October 1999 invited the Council and the Commis-
sion to prepare new legislation on issues that are instru-
mental to smooth judicial cooperation and to enhanced
access to law and specifically made reference, in that con-
text, to orders for money payment.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

decisions in civil and commercial matters (3). The pro-
gramme envisages the possibility of a specific, uniform or
harmonised procedure laid down within the Community
to obtain a judicial decision in specific areas including that
of uncontested claims. This was taken forward by
the Hague Programme, adopted by the European Council
on 5 November 2004, which called for work to be actively
pursued on the European order for payment.

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 Decem-
ber 2002. The Green Paper launched consultations on the
possible objectives and features of a uniform or harmon-
ised European procedure for the recovery of uncontested
claims.

The swift and efficient recovery of outstanding debts over
which no legal controversy exists is of paramount impor-
tance for 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 enterprises, and resulting in numerous
job losses.

All Member States are trying to tackle the issue of mass
recovery of uncontested claims, in the majority of States
by means of a simplified order for payment procedure,
but both the content of national legislation and the per-
formance of domestic procedures vary substantially. Fur-
the procedures currently in existence are
thermore,
frequently either inadmissible or impracticable in cross-
border cases.

The resulting impediments to access to efficient justice in
cross-border cases and the distortion of competition
within the internal market due to imbalances in the func-
tioning of procedural means afforded to creditors in dif-
ferent Member States necessitate Community legislation
guaranteeing a level playing field for creditors and debt-
ors throughout the European Union.

On 30 November 2000, the Council adopted a joint Com-
mission and Council programme of measures for imple-
mentation of the principle of mutual recognition of

(8)

(1) OJ C 221, 8.9.2005, p. 77.
(2) Opinion of the European Parliament of 13 December 2005 (not yet
published in the Official Journal), Council Common Position of
30 June 2006 (not yet published in the Official Journal) and Position
of the European Parliament of 25 October 2006. Council Decision
of 11 December 2006.

(3) OJ C 12, 15.1.2001, p. 1.

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(9)

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 through-
out the Member States by laying down minimum stan-
dards, compliance with which renders unnecessary any
intermediate proceedings in the Member State of enforce-
ment prior to recognition and enforcement.

(17)

(18)

(10)

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

(11)

The procedure should be based, to the largest extent pos-
sible, on the use of standard forms in any communica-
tion between the court and the parties in order to facilitate
its administration and enable the use of automatic data
processing.

There is to be no right of appeal against the rejection of
the application. This does not preclude, however, a pos-
sible review of the decision rejecting the application at the
same level of jurisdiction in accordance with national law.

The European order for payment should apprise the defen-
dant of his options to pay the amount awarded to the
claimant or to send a statement of opposition within a
time limit of 30 days if he wishes to contest the claim. In
addition to being provided with full information concern-
ing the claim as supplied by the claimant, the defendant
should be advised of the legal significance of the Euro-
pean order for payment and in particular of the conse-
quences of leaving the claim uncontested.

(19) Due to differences between Member States’ rules of civil
procedure and especially those governing the service of
documents, it is necessary to lay down a specific and
detailed definition of minimum standards that should
apply in the context of the European order for payment
procedure. In particular, as regards the fulfilment of those
standards, any method based on legal fiction should not
be considered sufficient for the service of the European
order for payment.

(12) When deciding which courts are to have jurisdiction to
issue a European order for payment, Member States should
take due account of the need to ensure access to justice.

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

(13)

In the application for a European order for payment, the
claimant should be obliged to provide information that is
sufficient to clearly identify and support the claim in order
to place the defendant in a position to make a well-
informed choice either to oppose the claim or to leave it
uncontested.

(21)

Personal service on certain persons other than the defen-
dant himself pursuant to Article 14(1)(a) and (b) should
be deemed to meet the requirements of those provisions
only if those persons actually accepted/received the Euro-
pean order for payment.

(14)

In that context, it should be compulsory for the claimant
to include a description of evidence supporting the
claim. For that purpose the application form should
include as exhaustive a list as possible of types of evidence
that are usually produced in support of pecuniary claims.

(22) 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 authorised to represent him
is determined by law, as well as to situations where the
defendant has authorised another person, in particular a
lawyer, to represent him in the specific court proceedings
at issue.

(15)

The lodging of an application for a European order for
payment should entail the payment of any applicable court
fees.

(23)

The defendant may submit his statement of opposition
using the standard form set out in this Regulation. How-
ever, the courts should take into account any other writ-
ten form of opposition if it is expressed in a clear manner.

(16)

The court should examine the application, including the
issue of jurisdiction and the description of evidence, on
the basis of the information provided in the application
form. This would allow the court to examine prima facie
the merits of the claim and inter alia to exclude clearly
unfounded claims or inadmissible applications. The exami-
nation should not need to be carried out by a judge.

(24) A statement of opposition filed within the time limit
should terminate the European order for payment proce-
dure and should lead to an automatic transfer of the case
to ordinary civil proceedings unless the claimant has
explicitly requested that the proceedings be terminated in
that event. For the purposes of this Regulation the con-
cept of ordinary civil proceedings should not necessarily
be interpreted within the meaning of national law.

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(25) After the expiry of the time limit for submitting the state-
ment of opposition, in certain exceptional cases the defen-
dant should be entitled to apply for a review of the
European order for payment. Review in exceptional cases
should not mean that the defendant is given a second
opportunity to oppose the claim. During the review pro-
cedure the merits of the claim should not be evaluated
beyond the grounds resulting from the exceptional cir-
cumstances invoked by the defendant. The other excep-
tional circumstances could include a situation where the
European order for payment was based on false informa-
tion provided in the application form.

(26)

Court fees covered by Article 25 should 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 issuing a European order for pay-
ment are fulfilled to enable the order to be enforced in all
other Member States without judicial review of the proper
application of minimum procedural standards in the Mem-
ber State where the order is to be enforced. Without preju-
dice to the provisions of this Regulation, in particular the
minimum standards laid down in Article 22(1) and (2)
and Article 23, the procedures for the enforcement of the
European order for payment should continue to be gov-
erned by national law.

(28)

(29)

For the purposes of calculating time limits, Regulation
(EEC, Euratom) No 1182/71 of the Council of 3 June 1971
determining the rules applicable to periods, dates and time
limits (1) should apply. The defendant should be advised
of this and should be informed that account will be taken
of the public holidays of the Member State in which the
court issuing the European order for payment is situated.

Since the objective of this Regulation, namely to establish
a uniform rapid and efficient mechanism for the recovery
of uncontested pecuniary claims throughout the European
Union, cannot be sufficiently achieved by the Member
States and can therefore, by reason of the scale and effects
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 proportional-
ity as set out in that Article, this Regulation does not go
beyond what
is necessary in order to achieve that
objective.

(1) OJ L 124, 8.6.1971, p. 1.

(30)

(31)

(32)

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 con-
ferred on the Commission (2).

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 Commu-
nity, have given notice of their wish to take part in the
adoption and application of this Regulation.

In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark annexed to the Treaty on Euro-
pean Union and the Treaty establishing the European
Community, Denmark does not take part in the adoption
of this Regulation, and is not bound by it or subject to its
application,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

1.

The purpose of this Regulation is:

(a)

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

(b)

to permit the free circulation of European orders for pay-
ment throughout the Member States by laying down mini-
mum standards, compliance with which renders unnecessary
any intermediate proceedings in the Member State of
enforcement prior to recognition and enforcement.

2.
This Regulation shall not prevent a claimant from pursu-
ing 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

1.
This Regulation shall apply to civil and commercial mat-
ters in cross-border cases, 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) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

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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 insol-
judicial arrange-

vent companies or other legal persons,
ments, 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 owner-
ship of property.

In this Regulation, the term ‘Member State’ shall mean

3.
Member States with the exception of Denmark.

Article 3

Cross-border cases

1.
For the purposes of this Regulation, a cross-border case is
one in which at least one of the parties is domiciled or habitu-
ally resident in a Member State other than the Member State of
the court seised.

Domicile

2.
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 (1).

3.
The relevant moment for determining whether there is a
cross-border case shall be 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 shall be 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

2)

3)

‘Member State of enforcement’ means the Member State in
which enforcement of a European order for payment is
sought;

‘court’ means any authority in a Member State with compe-
tence regarding European orders for payment or any other
related matters;

4)

‘court of origin’ means the court which issues a European
order for payment.

Article 6

Jurisdiction

1.
For the purposes of applying this Regulation, jurisdiction
shall be determined in accordance with the relevant rules of Com-
munity law, in particular Regulation (EC) No 44/2001.

2.
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 Article 59 of Regu-
lation (EC) No 44/2001, shall have jurisdiction.

Article 7

Application for a European order for payment

An application for a European order for payment shall be

1.
made using standard form A as set out in Annex I.

2.

The application shall state:

(a)

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

(b)

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

(c)

if interest on the claim is demanded, the interest rate and
the period of time 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 the action, including a description of the cir-
cumstances invoked as the basis of the claim and, where
applicable, of the interest demanded;

(e) a description of evidence supporting the claim;

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

(f)

the grounds for jurisdiction;

1)

‘Member State of origin’ means the Member State in which
a European order for payment is issued;

and

(1) OJ L 12, 16.1.2001, p. 1. Regulation as last amended by Commis-
sion Regulation (EC) No 2245/2004 (OJ L 381, 28.12.2004, p. 10).

(g)

the cross-border nature of the case within the meaning of
Article 3.

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In the application, the claimant shall declare that the infor-
3.
mation provided is true to the best of his knowledge and belief
and shall acknowledge that any deliberate false statement could
lead to appropriate penalties under the law of the Member State
of origin.

2. Where the court requests the claimant to complete or rec-
tify the application, it shall specify a time limit it deems appro-
priate in the circumstances. The court may at its discretion extend
that time limit.

4.
In an Appendix to the application the claimant may indi-
cate to the court that he opposes a transfer to ordinary civil pro-
ceedings within the meaning of Article 17 in the event 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.

5.
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.

6.
The application shall be signed by the claimant or, where
applicable, by his representative. Where the application is sub-
mitted in electronic form in accordance with paragraph 5, 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 (1). 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 sys-
tem exists in the courts of the Member State of origin which is
available to a certain group of pre-registered authenticated users
and which permits the identification of those users in a secure
manner. Member States shall inform the Commission of such
communications systems.

Article 10

Modification of the application

1.
If the requirements referred to in Article 8 are met for only
part of the claim, the court shall inform the claimant to that
effect, using standard form C as set out in Annex III. The claim-
ant 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 claim-
ant shall reply by returning standard form C sent by the court
within a time limit specified by the court in accordance with
Article 9(2).

If the claimant accepts the court’s proposal, the court shall
2.
issue a European order for payment,
in accordance with
Article 12, for that part of the claim accepted by the claim-
ant. The consequences with respect to the remaining part of the
initial claim shall be governed by national law.

3.
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.

Article 11

Rejection of the application

1.

The court shall reject the application if:

Article 8

Examination of the application

(a)

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

The court seised of an application for a European order for pay-
ment 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. This examination may take the form of an automated
procedure.

or

(b)

the claim is clearly unfounded;

or

Article 9

Completion and rectification

(c)

the claimant fails to send his reply within the time limit
specified by the court under Article 9(2);

or

1.
If the requirements set out in Article 7 are not met and
unless the claim is clearly unfounded or the application is inad-
missible, the court shall give the claimant the opportunity to
complete or rectify the application. The court shall use standard
form B as set out in Annex II.

(d)

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.

(1) OJ L 13, 19.1.2000, p. 12.

The claimant shall be informed of the grounds for the rejection
by means of standard form D as set out in Annex IV.

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There shall be no right of appeal against the rejection of

2.
the application.

Article 13

Service with proof of receipt by the defendant

3.
The rejection of the application shall not prevent the claim-
ant from pursuing the claim by means of a new application for
a European order for payment or of any other procedure avail-
able under the law of a Member State.

The European order for payment may be served on the defen-
dant in accordance with the national law of the State in which
the service is to be effected, by one of the following methods:

Article 12

Issue of a European order for payment

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

1.
If the requirements referred to in Article 8 are met, the
court shall issue, as soon as possible and normally within 30
days of the lodging of the application, a European order for pay-
ment using standard form E as set out in Annex V.

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

The 30-day period shall not include the time taken by the claim-
ant to complete, rectify or modify the application.

2.
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 in Appendices 1 and 2 to
form A.

In the European order for payment, the defendant shall be

3.
advised of his options to:

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

(d)

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.

(a) pay the amount indicated in the order to the claimant;

Service without proof of receipt by the defendant

Article 14

or

(b) oppose the order by lodging with the court of origin a state-
ment of opposition, to be sent within 30 days of service of
the order on him.

In the European order for payment, the defendant shall be

4.
informed that:

The European order for payment may also be served on
1.
the defendant in accordance with the national law of the State in
which service is to be effected, by one of the following methods:

(a) personal service at the defendant’s personal address on per-
sons who are living in the same household as the defendant
or are employed there;

(a)

(b)

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

(b)

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

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

(c) deposit of the order in the defendant’s mailbox;

(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 that
the proceedings be terminated in that event.

(d) deposit of the order at a post office or with competent pub-
lic authorities and the placing in the defendant’s mailbox of
written notification of that deposit, provided that the writ-
ten 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 the purposes of time limits;

5.
The court shall ensure that the order is served on the defen-
dant in accordance with national law by a method that shall meet
the minimum standards laid down in Articles 13, 14 and 15.

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

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(f)

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 para-
2.
graph 1 is not admissible if the defendant’s address is not known
with certainty.

The statement of opposition shall be signed by the defen-
5.
dant or, where applicable, by his representative. Where the state-
ment of opposition is submitted in electronic form in accordance
with paragraph 4,
it shall be signed in accordance with
Article 2(2) of Directive 1999/93/EC. The signature shall be rec-
ognised in the Member State of origin and may not be made sub-
ject to additional requirements.

Service pursuant to paragraph 1(a), (b), (c) and (d) shall be

3.
attested by:

(a) a document signed by the competent person who effected

the service, indicating:

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

(i)

the method of service used;

and

(ii)

the date of service;

and

(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 the

purposes of paragraphs (1)(a) and (b).

Article 15

Service on a representative

Article 17

Effects of the lodging of a statement of opposition

If a statement of opposition is entered within the time limit
1.
laid down in Article 16(2), the proceedings shall continue before
the competent courts of the Member State of origin in accor-
dance with the rules of ordinary civil procedure unless the claim-
ant has explicitly requested that the proceedings be terminated
in that event.

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

2.
The transfer to ordinary civil proceedings within the mean-
ing of paragraph 1 shall be governed by the law of the Member
State of origin.

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

3.
The claimant shall be informed whether the defendant has
lodged a statement of opposition and of any transfer to ordinary
civil proceedings.

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 stan-
dard form F as set out in Annex VI, which shall be supplied to
him together with the European order for payment.

The statement of opposition shall be sent within 30 days

2.
of service of the order on the defendant.

3.
The defendant shall indicate in the statement of opposi-
tion that he contests the claim, without having to specify the rea-
sons for this.

4.
The statement of opposition shall be submitted in paper
form or by any other means of communication, including elec-
tronic, accepted by the Member State of origin and available to
the court of origin.

Article 18

Enforceability

If within the time limit laid down in Article 16(2), taking
1.
into account an appropriate period of time to allow a statement
to arrive, no statement of opposition has been lodged with the
court of origin, the court of origin shall without delay declare
the European order for payment enforceable using standard
form G as set out in Annex VII. The court shall verify the date of
service.

2. 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

3.
payment to the claimant.

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Article 19

Abolition of exequatur

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.

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.
After the expiry of the time limit laid down in Article 16(2)
the defendant shall be entitled to apply for a review of the Euro-
pean order for payment before the competent court in the Mem-
ber State of origin where:

(a)

(i)

the order for payment was served by one of the meth-
ods provided for in Article 14,

and

(ii)

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

or

(b)

the defendant was prevented from objecting to the claim by
reason of force majeure or due to extraordinary circum-
stances without any fault on his part,

provided in either case that he acts promptly.

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

3.
If the court rejects the defendant’s 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.

For enforcement in another Member State, the claimant
2.
shall provide the competent enforcement authorities of that
Member State with:

(a) a copy of the European order for payment, as declared
enforceable by the court of origin, which satisfies the condi-
tions necessary to establish its authenticity;

and

(b) where necessary, a translation of the European order for pay-
language of the Member State of
ment into the official
enforcement or, if there are several official languages in that
Member State, the official language or one of the official lan-
guages 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 enforce-
ment has indicated it can accept. Each Member State may
indicate the official language or languages of the institutions
of the European Union 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.

3.
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

1.
Enforcement shall, upon application by the defendant, be
refused by the competent court in the Member State of enforce-
ment 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 or order involved the same cause of
action between the same parties;

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

and

Article 21

Enforcement

(b)

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

and

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

(c)

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

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Enforcement shall, upon application, also be refused if and
2.
to the extent that the defendant has paid the claimant the amount
awarded in the European order for payment.

Article 27

Relationship with Regulation (EC) No 1348/2000

3.
Under no circumstances may the European order for pay-
ment 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 enforce-
ment may, upon application by the defendant:

This Regulation shall not affect the application of Council Regu-
lation (EC) No 1348/2000 of 29 May 2000 on the service in the
Member States of judicial and extrajudicial documents in civil
and commercial matters (1).

Article 28

Information relating to service costs and enforcement

(a)

limit the enforcement proceedings to protective measures;

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

or

(b) make enforcement conditional on the provision of such

security as it shall determine;

(a)

costs of service of documents;

or

and

(c) under exceptional circumstances, stay the enforcement

proceedings.

(b) which authorities have competence with respect to enforce-
ment for the purposes of applying Articles 21, 22 and 23,

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 pay-
ment in a Member State shall not exceed the court fees of ordi-
nary civil proceedings without a preceding European order for
payment procedure in that Member State.

For the purposes of this Regulation, court fees shall com-
2.
prise fees and charges to be paid to the court, the amount of
which is fixed in accordance with national law.

in particular via the European Judicial Network in civil and com-
mercial matters established in accordance with Council Decision
2001/470/EC (2).

Article 29

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

By 12 June 2008, Member States shall communicate to the

1.
Commission:

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

payment;

(b)

the review procedure and the competent courts for the pur-
poses of the application of Article 20;

(c)

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

Article 26

Relationship with national procedural law

(d)

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

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

(1) OJ L 160, 30.6.2000, p. 37.
(2) OJ L 174, 27.6.2001, p. 25.

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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 publica-
tion 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 updated or
technically adjusted, ensuring full conformity with the provisions
of this Regulation, in accordance with the procedure referred to
in Article 31(2).

Article 31

Committee

Article 32

Review

By 12 December 2013, 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 that end, and in order to ensure that best practice in the Euro-
pean Union is duly taken into account and reflects the principles
of better legislation, Member States shall provide the Commis-
sion with information relating to the cross-border operation of
the European order for payment. This information shall 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.

The Commission shall be assisted by the committee estab-

1.
lished by Article 75 of Regulation (EC) No 44/2001.

2. Where reference is made to this paragraph, Article 5a(1)-
(4) and Article 7 of Decision 1999/468/EC shall apply, having
regard to the provisions of Article 8 thereof.

3.

The Committee shall adopt its Rules of Procedure.

Article 33

Entry into force

This Regulation shall enter into force on the day following the
date of its publication in the Official Journal of the European Union.

It shall apply from 12 December 2008, with the exception of
Articles 28, 29, 30 and 31 which shall apply from 12 June 2008.

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

Done at Strasbourg, 12 December 2006.

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
M. PEKKARINEN

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ANNEX I

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Official Journal of the European Union

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Official Journal of the European Union

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ANNEX III

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ANNEX IV

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ANNEX V

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ANNEX VI

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ANNEX VII

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