CELEX: 32017R1260
Language: en
Date: 2017-06-19 00:00:00
Title: Commission Delegated Regulation (EU) 2017/1260 of 19 June 2017 replacing Annex I to Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure

13.7.2017   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 182/20
               
            COMMISSION DELEGATED REGULATION (EU) 2017/1260
      of 19 June 2017
      replacing Annex I 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)
               
               
                  Regulation (EC) No 1896/2006 establishes in its Annexes the forms to be used to facilitate its application.
               
            
                  (2)
               
               
                  Regulation (EC) No 1896/2006 was amended by Regulation (EU) 2015/2421 of the European Parliament and of the Council (2) with the effect from 14 July 2017. From that date where a European Order for Payment is opposed, the claimant has the possibility to request that the proceedings continue in accordance with the rules of the European Small Claims Procedure laid down in Regulation (EC) No 861/2007 of the European Parliament and of the Council (3). Appendix 2 and the guidelines thereto in Annex I should take into account such possibility. For the sake of clarity, it is appropriate to replace the whole Annex I.
               
            
                  (3)
               
               
                  As the amendments to Regulation (EC) No 1896/2006 will start to apply on 14 July 2017, this Regulation should enter into force on 14 July 2017.
               
            
                  (4)
               
               
                  In accordance with Article 3 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom and Ireland have notified their wish to take part in the adoption and application of Regulation (EC) No 1896/2006 and of Regulation (EU) 2015/2421, and are therefore bound by this Regulation.
               
            
                  (5)
               
               
                  In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.
               
            
                  (6)
               
               
                  Therefore, it is necessary to replace Annex I to Regulation (EC) No 1896/2006,
               
            HAS ADOPTED THIS REGULATION:
      Article 1
      Annex I to Regulation (EC) No 1896/2006 is replaced by the text in the Annex to this Regulation.
      Article 2
      This Regulation shall enter into force on 14 July 2017.
      
         This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
         Done at Brussels, 19 June 2017.
         
            
               For the Commission
            
            
               The President
            
            Jean-Claude JUNCKER
         
      
      
         (1)  OJ L 399, 30.12.2006, p. 1.
      
         (2)  Regulation (EU) 2015/2421 of the European Parliament and of the Council of 16 December 2015 amending Regulation (EC) No 861/2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 creating a European order for payment procedure (OJ L 341, 24.12.2015, p. 1).
      
         (3)  Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (OJ L 199, 31.7.2007, p. 1).
      
         ANNEX
         ‘
               ANNEX I
               Text of image
               
                  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
                  03 Claimant's representative *
                  05 Claimant's legally authorised representative **
                  02 Defendant
                  04 Defendant's 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 ***
                  email ***
                  Occupation ***
                  Other details ***
                  Code
                  Corporate name of company or organisation
                  Identification code (if applicable)
                  Surname
                  First Name
                  Address
                  Postal code
                  City
                  Country
                  Phone ***
                  Fax ***
                  email ***
                  Occupation ***
                  Other details ***
                  Code
                  Corporate name of company or organisation
                  Identification code (if applicable)
                  Surname
                  First Name
                  Address
                  Postal code
                  City
                  Country
                  Phone ***
                  Fax ***
                  email ***
                  Occupation ***
                  Other details ***
               
               Text of image
               
                  Code
                  Corporate name of company or organisation
                  Identification code (if applicable)
                  Surname
                  First Name
                  Address
                  Postal code
                  City
                  Country
                  Phone ***
                  Fax ***
                  email ***
                  Occupation ***
                  Other details ***
                  * e.g. lawyer ** e.g. parent, guardian, managing director *** optional
                  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
                  02
                  03
                  04
                  05
                  Belgium
                  Bulgaria
                  Czech Republic
                  Germany
                  Estonia
                  06
                  07
                  08
                  09
                  10
                  Greece
                  Spain
                  France
                  Croatia
                  Ireland
                  11
                  12
                  13
                  14
                  15
                  Italy
                  Cyprus
                  Latvia
                  Lithuania
                  Luxembourg
                  16
                  17
                  18
                  19
                  20
                  Hungary
                  Malta
                  The Netherlands
                  Austria
                  Poland
                  21
                  22
                  23
                  24
                  25
                  Portugal
                  Romania
                  Slovenia
                  Slovakia
                  Finland
                  26
                  27
                  28
                  Sweden
                  United Kingdom
                  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 05, 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)
               
               Text of image
               
                  EUR
                  Euro
                  BGN
                  Bulgarian Lev
                  CZK
                  Czech Koruna
                  GBP
                  Pound sterling
                  HUF
                  Hungarian Forint
                  HRK
                  Croatian kuna
                  PLN
                  Polish Zloty
                  RON
                  Romanian Leu
                  SEK
                  Swedish Krona
                  Other (according to international banking code)
                  6. Principal
                  Currency:
                  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
               
               Text of image
               
                  7. Interest
                  Codes (please combine number with letter):
                  01 Statutory
                  A per year
                  02 Contractual
                  B per half year
                  03 Capitalisation of interest
                  C per quarter
                  04 Interest rate on a loan **
                  D per month
                  05 Amount calculated by the claimant
                  E Other ***
                  06 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
               
               Text of image
               
                  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
               
               Text of image
               
                  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
               
               Text of image
               
                  Appendix 2 to the application for a European order for payment
                  Further procedure in a case of lodging of a statement of opposition
                  Codes:
                  01 If the defendant lodges a statement of opposition, I request that the proceedings discontinue.
                  02 If the defendant lodges a statement of opposition, I request that the proceedings
                  continue in accordance with the rules of the European Small Claims Procedure, if applicable.
                  03 If the defendant lodges a statement of opposition, I request that the proceedings
                  continue in accordance with any appropriate national civil procedure.
                  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
                  Code
                  If despite of my choice above, my claim does not fall in the scope of the European small claims Procedure (Code 02), I request that the proceedings
                  discontinue
                  continue in accordance with any appropriate national civil procedure
                  Done at
                  Date (day/month/year)
                  Signature and/or stamp
               
               Text of image
               
                  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 (*). Information on the rules of jurisdiction can be found at the European e-Justice Portal https://e-justice.europa.eu/content_jurisdiction-85-en.do
                  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 the European Parliament and of the Council (**), 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 Article 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)
                  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.
               
               Text of image
               
                  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 what should happen if you do not wish to continue proceedings in the event of the defendant opposing the claim. Please use the appropriate code. One of the options is that proceedings continue in the European Small Claims Procedure (***). That procedure applies, however, only if your claim does not exceed EUR 5 000. You can find further conditions for this procedure in the European e-Justice Portal at: https://e-justice.europa.eu/content_small_claims-42-en.do If you choose this procedure, please indicate also what should happen if the procedure cannot be applied. Please tick the appropriate box. 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.
                  (*) Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 12, 16.1.2001, p. 1).
                  (**) Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payments in commercial transactions (OJ L 200, 8.8.2000, p. 35).
                  (***) Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (OJ L 199, 31.7.2007, p. 1).
               
            ’