THE EUROPEAN ORDER FOR PAYMENT – AN EFFECTIVE MECHANISM FOR RECOVERING CROSS-BORDER CLAIMS
DOI:
https://doi.org/10.55516/ijlso.v1i1.21Keywords:
European civil procedure, European order for payment, cross-border litigation, debt recovery, European order for paymentAbstract
The rapid and efficient recovery of certain liquid and due claims is a goal assumed by the Member States of the European Union, having a special importance for economic operators in the European Union, as late payments are a major cause of insolvency, which increasingly threatens small and middle sized enterprises.
Thus, the European Parliament adopted Regulation (EC) no. 1896/2006 establishing a procedure for issuing a joint European order for payment, as well as Regulation (EC) no. 861/2007 establishing a common European debt procedure, the purpose of which is to simplify, speed up and reduce the costs of settling cross-border disputes concerning uncontested pecuniary claims by issuing a European order for payment and ensuring the free movement of European order for payments, legal transactions and documents in all Member States by setting minimum standards the observance of which makes any intermediate procedure in the Member State of enforcement unnecessary before recognition and enforcement.
References
Tampere European Council meeting, 5-16 October 1999, and the program of Council measures, published in OJ C 12, 15 January 2001.
Treaty of Lisbon, Consolidated version of the Treaty on the Functioning of the European Union, in force since 13 December 2007 (TFEU).
EC Regulation no. 1896 of 12 December 2006 on the establishment of a European order for payment procedure, published in OJ L 399, 30 December 2006, as amended by 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 establishing a European order for payment procedure, published in OJ L 341 of 24 December 2015, and the Delegated Regulation (EU) 2017/1260 of the Commission of 19 June 2017 replacing Annex I to Regulation (EC) No 1896/2006 of the European Parliament and of the Council establishing a European order for payment procedure, published in OJ L 182, 13 July 2017.
Regulation (EC) no. 805/2004 of the European Parliament and of the Council of 21 April 2004 on the creation of a European Enforcement Order for uncontested claims, published in OJ L 143 of 30 April 2004.
