Commission Regulation (EU) No 936/2012 of 4 October 2012 on amending the Annexes to Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure
Date: 2012-10-04
Institutions: European Commission
Subjects: Bulgaria, Romania, civil procedure, civil proceedings, claim, form, injunction, judicial cooperation in civil matters in the EU




L_2012283EN.01000101.xml










16.10.2012   


EN


Official Journal of the European Union


L 283/1








            COMMISSION REGULATION (EU) No 936/2012
of 4 October 2012
         
on amending the Annexes to Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (1), and in particular Article 30 thereof,

Whereas:







(1)


Since the entry into force of Regulation (EC) No 1896/2006 it has become apparent that modifications to all the Annexes to that Regulation are necessary in order to update them and to improve the practical application of the Regulation, as well as to facilitate the electronic use of the procedure in the European Judicial Atlas in Civil Matters. The standard forms in the annexes to the Regulation need amending in order to incorporate Bulgaria and Romania, update currencies and to make them easier to fill in by plaintiffs, defendants and courts.












(2)


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 on the Functioning of the European Union, is not participating in the adoption of this Regulation, and is therefore not bound by it or subject to its application.












(3)


Regulation (EC) No 1896/2006 should therefore be amended accordingly.





HAS ADOPTED THIS REGULATION:



Article 1
The Annexes to Regulation (EC) No 1896/2006 are replaced by the text in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States in accordance with the Treaties.
Done at Brussels, 4 October 2012.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 399, 30.12.2006, p.1





ANNEX I





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Application for a European order for payment
Form A
Article 7 (1) of Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure
Please ensure that you read the guidelines on the last page – they will help you to understand this form!
Please note in particular that this form must be completed in the language or one of the languages accepted by the court to be seised.
The form is available in all official languages of the European Union; this may help you fill in the form in the required language.
1. Court
Case number
(to be completed by the court)
Court
Received by the court (day/month/year)
Address
Signature and/or stamp
Postal code
City
Country
2. Parties and their representatives
Codes:
01 Claimant
02 Defendant
03 Claimant's representative *
04 Defendant's representative *
05 Claimant's legally authorised representative **
06 Defendant's legally authorised representative **
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
* e.g. lawyer
** e.g. parent, guardian, managing director
*** optional






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3. Grounds for the court's jurisdiction
Codes:
01 Domicile of the defendant or co-defendant
02 Place of performance of the obligation in question
03 Place of the harmful event
04 Where a dispute arises out of the operations of a branch, agency or other establishment, the place in which the branch, agency or other establishment is situated
05 Domicile of the trust
06 Where a dispute arises concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, the place of the court under the authority of which the cargo or freight is or could have been arrested
07 Domicile of the policyholder, the insured or the beneficiary in insurance matters
08 Domicile of the consumer
09 Place where the employee carries out his work
10 Place where the business which engaged the employee is situated
11 Place where the immovable property is situated
12 Choice of court agreed by the parties
13 Domicile of the maintenance creditor
14 Other (please specify)
Code
Specification only for code 14
4. Cross border nature of the case
Codes:
01 Belgium
02 Bulgaria
03 Czech Republic
04 Germany
05 Estonia
06 Greece
07 Spain
08 France
09 Ireland
10 Italy
11 Cyprus
12 Latvia
13 Lithuania
14 Luxembourg
15 Hungary
16 Malta
17 The Netherlands
18 Austria
19 Poland
20 Portugal
21 Romania
22 Slovenia
23 Slovakia
24 Finland
25 Sweden
26 United Kingdom
27 other (please specify)
Domicile or habitual residence of claimant
Domicile or habitual residence of defendant
Country of the court
5. Bank details (optional)
5.1 Payment of court fees by the claimant
Codes:
01 By bank transfer
02 By credit card
03 Collection by court from claimant's bank account
04 Legal aid
05 Other (please specify)
If you choose code 02 or 03, please fill in the bank details in Appendix 1
Code
If you choose code O5, please specify
5.2 Payment by defendant of amount awarded
Account holder
Bank name (BIC) or other relevant bank code
Account number
International bank account number (IBAN)






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EUR
Euro
BGN
Bulgarian Lev
CZK
Czech Koruna
GBP
Pound sterling
HUF
Hungarian Forint
LTL
Lithuanian Litas
LVL
Latvian Lats
PLN
Polish Zloty
RON
Romanian Leu
SEK
Swedish Krona
6. Principal
Currency:
Other (according to international banking code)
Total value of principal, excluding interest and costs:
The claim relates to (Code 1)
01 Sales contract
02 Rental agreement - movable property
03 Rental agreement - immovable property
04 Rental agreement - commercial lease
05 Contract of service - electricity, gas, water, phone
06 Contract of service - medical services
07 Contract of service - transport
08 Contract of service - legal, tax, technical advice
09 Contract of service - hotel, restaurant
10 Contract of service - repair
11 Contract of service - brokerage
12 Contract of service - other (please specify)
13 Building contract
14 Insurance contract
15 Loan
16 Guarantee or other collateral(s)
17 Claims arising from non-contractual obligations if they are subject to an agreement between the parties or an admission of debt (e.g. damages, unjust enrichment)
18 Claims arising from joint ownership of property
19 Damages - contract
20 Subscription agreement (newspaper, magazine)
21 Membership fee
22 Employment agreement
23 Out-of-court settlement
24 Maintenance agreement
25 Other (please specify)
Circumstances invoked (Code 2)
30 Non-payment
31 Insufficient payment
32 Late payment
33 Non-delivery of goods or services
34 Delivery of defective goods or poor services
35 Goods or services not in conformity with the order
36 Other (please specify)
Other details (Code 3)
40 Place of purchase
41 Place of delivery
42 Date of purchase
43 Date of delivery
44 Type of goods or services concerned
45 Address of immovable property
46 In case of loan, purpose: Consumer credit
47 In case of loan, purpose: Mortgage credit
48 Other detail (please specify)
ID 1
Code 1
Code 2
Code 3
Explanatory statement
Date* (or period)
Amount
ID 2
Code 1
Code 2
Code 3
Explanatory statement
Date* (or period)
Amount
ID 3
Code 1
Code 2
Code 3
Explanatory statement
Date* (or period)
Amount
ID 4
Code 1
Code 2
Code 3
Explanatory statement
Date* (or period)
Amount
* Date format: day/month/year
The claim has been assigned to the claimant by (if applicable)
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Additional specifications for claims relating to consumer contracts (if applicable)
The claim concerns matters relating to consumer contracts
If yes, the defendant is the consumer
If yes, the defendant is domiciled within the meaning of Article 59 of Council Regulation (EC) No 44/2001 in the Member State where the court is seised
yes
no
yes
no
yes
no






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7. Interest
Codes (please combine number with letter):
01 Statutory
02 Contractual
03 Capitalisation of interest
04 Interest rate on a loan **
05 Amount calculated by the claimant
06 Other ***
A per year
B per half year
C per quarter
D per month
E Other ***
ID *
Code
Interest rate (%)
% over base rate (ECB)
on (amount)
Starting from
to
ID *
Code
Interest rate (%)
% over base rate (ECB)
on (amount)
Starting from
to
ID *
Code
Interest rate (%)
% over base rate (ECB)
on (amount)
Starting from
to
ID *
Code
Interest rate (%)
% over base rate (ECB)
on (amount)
Starting from
to
ID *
Please specify in case of Code 6 and/or E
* Fill in corresponding claim ID
** Taken out by the claimant for at least the amount of the principal
*** Please specify
8. Contractual penalties (if applicable)
Amount
Please specify
9. Costs (if applicable)
Codes:
01 Court fees
02 Other (please specify)
Code
Specification only for code 02
Currency
Amount
Code
Specification only for code 02
Currency
Amount
Code
Specification only for code 02
Currency
Amount
Code
Specification only for code 02
Currency
Amount
10. Evidence available in support of the claim
Codes:
01 Written evidence
02 Oral evidence
03 Expert evidence
04 Inspection of an object or site
05 Other (please specify)
ID *
Code
Description of evidence
Date (day/month/year)
ID *
Code
Description of evidence
Date (day/month/year)
ID *
Code
Description of evidence
Date (day/month/year)
ID *
Code
Description of evidence
Date (day/month/year)
* Fill in corresponding claim ID






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11. Additional statements and further information (if necessary)
I hereby request the court to order the defendant(s) to pay to the claimant(s) the sum of the above principal plus interest, contractual penalties and costs.
I declare that to the best of my knowledge and belief the information provided is true.
I acknowledge that any deliberate false statement could lead to appropriate penalties under the law of the Member State of origin.
Done at
Date (day/month/year)
Signature and/or stamp






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Appendix 1 to the application for a European order for payment
Bank details for the purposes of payment of court fees by the claimant
Codes:
02 By credit card
03 Collection by court from claimant's bank account
Code
Account holder
Bank name (BIC) or other relevant bank code / Credit card company
Account number / Credit card number
International bank account number (IBAN) / Expiry date and security number of credit card






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Appendix 2 to the application for a European order for payment
Opposition to a transfer to ordinary civil proceedings
Case number (to be completed if this Appendix is sent to the court separately from the application form):
Corporate name of company or organisation
Surname
First name
Done at
Date (day/month/year)
Signature and/or stamp






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GUIDELINES FOR FILLING IN THE APPLICATION FORM
Important information
This form must be filled in in the language or one of the languages accepted by the court to be seised. Please note that the form is available in all official languages of the European Union; this may help you fill in the form in the required language.
If the defendant lodges an opposition to your claim, proceedings will continue before the competent courts in accordance with the rules of ordinary civil procedure. If you do not wish to continue proceedings in that event, you should also fill in Appendix 2 to this form. This appendix should reach the court before the European order for payment is issued.
If the application concerns a claim against a consumer relating to a consumer contract, it must be lodged with the competent court of the Member State in which the consumer is domiciled. In other cases, the application must be lodged with the court having jurisdiction in accordance with the rules of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Information on the rules of jurisdiction can be found on the European Judicial Atlas (http://ec.europa.eu/justice_home/judicialatlascivil/html/index_en.htm).
Please make sure you duly sign and date the form on the last page.
Guidelines
At the start of each section you will find specific codes that should be inserted, as appropriate, in the relevant boxes.
1. Court
When deciding which court to choose, you need to consider the grounds for the court's jurisdiction.
2. Parties and their representatives
This field must identify the parties and their representatives (e.g. lawyer of, guardian of), if any, in accordance with the codes indicated on the form. The box [Identification code] should refer, where applicable, to the special number which solicitors have in certain Member States for the purposes of electronic communication with the court (see Art. 7(6), second subparagraph, of Regulation (EC) No 1896/2006), to the registration number for companies or organisations or to any applicable identification number for natural persons. The box [Other details] may contain any other information that helps to identify the person (e.g. date of birth, position of the named person in the company or organisation concerned). If there are more than four parties and/or representatives, please use field [11].
3. Grounds for the court's jurisdiction
See “Important information” above.
4. Cross border nature of the case
For you to be allowed to use this European order for payment procedure, at least two of the boxes in this field must refer to different States.
5. Bank details (optional)
In field [5.1], you may inform the court by what means you intend to pay the court fees. Please note that not all methods of payment in this field are necessarily available at the court to which you are making this application. You should verify which method of payment will be accepted by the court. You can do this by contacting the court concerned or by consulting the website of the European Judicial Network in civil and commercial matters (http://ec.europa.eu/civiljustice/). If you choose to pay by credit card or to allow the court to collect the fees from your bank account, you should give the necessary credit card/bank account details in Appendix 1 to this form.
In field [5.2], you may indicate by what means you wish to receive payment from the defendant. If you wish to be paid by bank transfer, please give the necessary bank details.
6. Principal
This field must contain a description of the principal and the circumstances forming the basis of the claim in accordance with the codes indicated on the form. You need to use an identification number (“ID”) for each claim, numbering them from 1 through 4. Each claim must be specified on the line of the box following the ID number, by filling in the relevant numbers of codes 1, 2 and 3. If you need more space, please use field [11]. The box [Date (or period)] refers, for instance, to the date of the contract or harmful event or to the period of the rent.
7. Interest
If interest is sought, this should be specified for each claim in accordance with the codes indicated on the form. The code must contain both the relevant number (first row of the codes) and the letter (second row of the codes). For instance, if the interest rate has been agreed by contract and covers annual periods, the code is 02A. If it is for the court to decide the amount of interest the last box [to] should be left blank, and code 06E should be used. Code 01 refers to an interest rate laid down by statute. Code 02 refers to an interest rate agreed by the parties. If you use Code 03 (capitalisation of interest), the amount indicated should be the basis for the remainder of the term to be covered. Capitalisation of interest refers to the situation where the accrued interest is added to the principal and is taken into account for the purpose of calculating further interest. Please note that in commercial transactions as referred to in Directive 2000/35/EC of 29 June 2000 on combating late payments, the statutory interest rate is the sum of the interest rate applied by the European Central Bank to its most recent main refinancing operation carried out before the first calendar day of the half-year in question (‘the reference rate’), plus at least seven percentage points. For a Member State which is not participating in the third stage of economic and monetary union, the reference rate referred to above is the equivalent rate set at national level (e.g. by the national central bank). In both cases the reference rate in force on the first calendar day of the half-year in question will apply for the following six months (see Art. 3(1)(d) of Directive 2000/35/EC). The “base rate (ECB)” refers to the interest rate applied by the European Central Bank to its main refinancing operations.
8. Contractual penalties (if applicable)






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9. Costs (if applicable)
If reimbursement of costs is sought, these must be described using the codes indicated on the form. The box [specification] must be used only for code 02, i.e. when reimbursement of costs other than court fees is demanded. These other costs could include, for instance, fees of a claimant's representative or prelitigation costs. If you request reimbursement of the court fees but you do not know the exact amount, you must fill in the box [Code] (01) but you may leave the box [Amount] blank and it will be filled in by the court. Costs should be stated in the same currency as the principal.
10. Evidence available in support of the claim
This field must specify the evidence available in support of each claim using the codes indicated on the form. The box [Description of evidence] will contain, for instance, the title, name, date, and/or reference number of the document concerned, the amount mentioned on the document concerned, and/or the name of the witness or expert.
11. Additional statements and further information (if necessary)
You may use this field if you need more space for any of the fields above or, if necessary, to provide additional information useful to the court. For instance, if there are several defendants each being liable for a portion of the claim, you should indicate here the amount individually owed by each defendant or if you request joint liability of two or more defendants.
Appendix 1
Here you must indicate the details of your credit card or bank account if you choose to pay the court fees by credit card or if you allow the court to collect the fees from your bank account. Please note that not all methods of payment in this field are necessarily available at the court to which you are making this application. Please note that the information given in Appendix 1 will not be sent to the defendant.
Appendix 2
Here you must inform the court if you do not wish to continue proceedings in the event of the defendant opposing the claim. If you send this information to the court after having sent the application form, please make sure you fill in the case number given by the court. Please note that the information given in Appendix 2 will not be sent to the defendant.






ANNEX II





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Request to the claimant to complete and/or rectify an application for a European order for payment
Form B
Article 9 (1) of Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure
1. Court
Case number
Court
Done at
Date (day/month/year)
Address
Signature and/or stamp
Postal code
City
Country
2. Parties and their representatives
Codes:
01 Claimant
02 Defendant
03 Claimant's representative *
04 Defendant's representative *
05 Claimant's legally authorised representative **
06 Defendant's legally authorised representative **
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
* e.g. lawyer
** e.g. parent, guardian, managing director
*** optional






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Following the examination of your application for a European order for payment, please complete and/or rectify the attached application as indicated below as soon as possible and in any event by
/ /
Your initial application should be completed and/or rectified in the language or in one of the languages accepted by the court seised.
The court will reject the application, under the conditions provided for in the Regulation, if you fail to complete and/or rectify the application within the time limit set out above.
Your application has not been filled in in the correct language. Please fill it in in one of the following languages:
01 Bulgarian
02 Czech
03 German
04 Estonian
05 Spanish
06 Greek
07 French
08 Italian
09 Latvian
10 Lithuanian
11 Hungarian
12 Maltese
13 Dutch
14 Polish
15 Portuguese
16 Romanian
17 Slovak
18 Slovene
19 Finnish
20 Swedish
21 English
22 other (please specify)
Language code
Language specification (only for code 22)
The following items must be completed and/or rectified:
Codes:
01 Parties and their representatives
02 Grounds of jurisdiction
03 Cross-border nature of the case
04 Bank details
05 Principal
06 Interest
07 Contractual penalties
08 Costs
09 Evidence
10 Additional statements
11 Signature
Codes:
Please specify
Codes:
Please specify
Codes:
Please specify
Codes:
Please specify
Codes:
Please specify






ANNEX III





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Proposal to the claimant to modify an application for a European order for payment
Form C
Article 10 (1) of Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure
1. Court
Case number
Court
Done at
Date (day/month/year)
Address
Signature and/or stamp
Postal code
City
Country
2. Parties and their representatives
Codes:
01 Claimant
02 Defendant
03 Claimant's representative *
04 Defendant's representative *
05 Claimant's legally authorised representative **
06 Defendant's legally authorised representative **
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
* e.g. lawyer
** e.g. parent, guardian, managing director
*** optional






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After examination of your application for a European order for payment, the court considers that the necessary requirements are met for only a part of the claim. Therefore, the court proposes the following modification to the application:
Please send your reply to the court as soon as possible and in any event by / /
If you fail to send your reply to the court within the time limit set out above or refuse this proposal, the court will reject your application for a European order for payment, under the conditions provided for in the Regulation, in its entirety.
If you accept this proposal, the court will issue a European order for payment for that part of the claim. It depends on the national law of the Member State where the court is seised whether you will be able, in further proceedings, to recover the remaining part of your initial claim not covered by the European order for payment.
I accept the above proposal by the court
I refuse the above proposal by the court
Corporate name of company or organisation
Surname
First name
Done at
Date (day/month/year)
Signature and/or stamp






ANNEX IV





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Decision to reject the application for a European order for payment
Form D
Article 11(1) of Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure
1. Court
Case number
Court
Done at
Date (day/month/year)
Address
Signature and/or stamp
Postal code
City
Country
2. Parties and their representatives
Codes:
01 Claimant
02 Defendant
03 Claimant's representative *
04 Defendant's representative *
05 Claimant's legally authorised representative **
06 Defendant's legally authorised representative **
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
* e.g. lawyer
** e.g. parent, guardian, managing director
*** optional






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The court has examined your application for a European order for payment, in accordance with Article 8 of Regulation (EC) No 1896/2006 and rejects it on the following ground(s):
01 The application does not fall within the scope of Article 2 of the Regulation (Article 11(1)(a)).
02 The application does not concern a cross-border case within the meaning of Article 3 of the Regulation (Article 11(1)(a)).
03 The application does not concern a pecuniary claim for a specific amount that has fallen due as referred to in Article 4 of the Regulation (Article 11(1)(a)).
04 The court does not have jurisdiction in accordance with Article 6 of the Regulation (Article 11(1)(a)).
05 The application does not fulfil the requirements set out in Article 7 of the Regulation (Article 11(1)(a)).
06 The claim is clearly unfounded (Article 11(1)(b)).
07 The application was not completed or rectified within the time limit specified by the court (Article 9(2) and Article 11(1)(c)).
08 The application was not modified within the time limit specified by the court (Article 10 and Article 11(1)(d)).
Ground(s) for rejection (please use code)
Code
Further information, where necessary
Code
Further information, where necessary
Code
Further information, where necessary
Code
Further information, where necessary
There is no right of appeal against this rejection. However, this does not preclude a new application for a European order for payment or any other procedure available under the law of a Member State.






ANNEX V





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European order for payment
Form E
Article 12(1) of Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure
1. Court
Case number
Court
Issued
Date (day/month/year)
Address
Signature and/or stamp
Postal code
City
Country
2. Parties and their representatives
Codes:
01 Claimant
02 Defendant
03 Claimant's representative *
04 Defendant's representative *
05 Claimant's legally authorised representative **
06 Defendant's legally authorised representative **
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
* e.g. lawyer
** e.g. parent, guardian, managing director
*** optional






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EUR
Euro
BGN
Bulgarian Lev
CZK
Czech Koruna
GBP
Pound sterling
HUF
Hungarian Forint
LTL
Lithuanian Litas
LVL
Latvian Lats
PLN
Polish Zloty
RON
Romanian Leu
SEK
Swedish Krona
Other (according to international banking code)
In accordance with Article 12 of Regulation (EC) No 1896/2006, the court has issued this European order for payment on the basis of the attached application. By virtue of this decision, you are ordered to pay the claimant the following amount:
Defendant 1
Surname
First name
Corporate name of company or organisation
Currency
Amount
Date (day/month/year)
Principal
Interest from
Contractual penalties
Costs
Total amount*
Defendant 2
Surname
First name
Corporate name of company or organisation
Currency
Amount
Date (day/month/year)
Principal
Interest from
Contractual penalties
Costs
Total amount*
Joint liability
* see point f in "Important Information for the Defendant"






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IMPORTANT INFORMATION FOR THE DEFENDANT
You are hereby advised that:
a. you have the option to:
i. pay the amount indicated in this order to the claimant; or
ii. oppose the order by lodging a statement of opposition with the court that issued this order within the time limit indicated in (b);
b. the statement of opposition must be sent to the court within 30 days of service of this order on you. This 30 day period starts on the day following that on which this order was served. This period includes Saturdays, Sundays and public holidays. Where the last day of such a period is a Saturday, a Sunday or a public holiday, the period will expire on the following working day (see Council Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 *). The public holidays to be taken into account are those of the Member State in which the court is situated;
c. this order has been issued solely on the basis of the information provided by the claimant. That information has not been verified by the court;
d. this order will become enforceable unless a statement of opposition has been lodged with the court within the time limit indicated in (b);
e. where a statement of opposition is lodged, the proceedings will continue before the competent courts of the Member State where this order was issued in accordance with the rules of ordinary civil procedure unless the claimant has explicitly requested that the proceedings be terminated in that event;
f. interest may be payable, under national law, up to the date of enforcement of this order, in which case this will increase the total amount payable.
* OJ L 124, 8.6.1971, p. 1 (de, fr, it, nl)
English special edition: Series I Chapter 1971(II), p. 354.
Greek special edition: Chapter 01 Volume 1, p. 131.
Portuguese and Spanish special editions: Chapter 01 Volume 1, p. 149.
Finnish and Swedish special editions: Chapter 01 Volume 1, p. 71.
Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovene special editions: Chapter 01 Volume 1, p. 51.
Bulgarian and Romanian special editions: Chapter 01 Volume 1, p. 16






ANNEX VI





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Opposition to a European order for payment
Form F
Article 16 (1) of Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure
1. Court
Case number
(to be completed by the court)
Court
Received by the court
Address
Signature and/or stamp
Postal code
City
Country
2. Parties and their representatives
Codes:
01 Claimant
02 Defendant
03 Claimant's representative *
04 Defendant's representative *
05 Claimant's legally authorised representative **
06 Defendant's legally authorised representative **
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
* e.g. lawyer
** e.g. parent, guardian, managing director
*** optional






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I hereby lodge a statement of opposition against the European order for payment issued on
/ /
Corporate name of company or organisation
Surname
First name
Done at
Date (day/month/year)
Signature and/or stamp






ANNEX VII





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Declaration of enforceability
Form G
Article 18(1) of Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure
1. Court
Case number
Court
Done at
Date (day/month/year)
Address
Signature and/or stamp
Postal code
City
Country
2. Parties and their representatives
Codes:
01 Claimant
02 Defendant
03 Claimant's representative *
04 Defendant's representative *
05 Claimant's legally authorised representative **
06 Defendant's legally authorised representative **
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
Code
Corporate name of company or organisation
Identification code (if applicable)
Surname
First Name
Address
Postal code
City
Country
Phone ***
Fax ***
e-Mail ***
Occupation ***
Other details ***
* e.g. lawyer
** e.g. parent, guardian, managing director
*** optional






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The court hereby declares that the attached European order for payment,
issued on / / against
and saved on / /
is enforceable in accordance with Article 18 of Regulation (EC) No 1896/2006.
Important information
This European order for payment is automatically enforceable in all Member States of the European Union except Denmark, without the need for an additional declaration of enforceability in the Member State where enforcement is sought and without any possibility of opposing its recognition. The enforcement procedures are governed by the law of the Member State of enforcement, except where the Regulation provides otherwise.