European order for payment procedure

SUMMARY OF:

Regulation (EC) No 1896/2006 — creating a European order for payment procedure

SUMMARY

WHAT DOES THIS REGULATION DO?

KEY POINTS

Scope

The European order for payment (EOP) procedure applies to all civil and commercial matters in cases where at least one of the parties lives in an EU country different from the one where the application for an order is made.

The procedure does not apply to certain issues:

Application process

Issuing an EOP

Serving an EOP on a defendant

An EOP is served on a defendant in accordance with the national law of the country in which it is served. The possible methods of serving the EOP, either with or without proof of receipt by the defendant, are set out in the regulation.

Opposing an EOP

The defendant may apply for a review of the EOP before the competent court after the expiry of the 30-day time limit for lodging a statement of opposition, if:

If the court rejects the defendant’s application, the EOP remains in force. If, on the other hand, the court decides that the review is justified, the EOP becomes null and void.

FROM WHEN DOES THE REGULATION APPLY?

It entered into force on 12 December 2008.

BACKGROUND

Order for payment procedures

ACT

Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (OJ L 399, 30.12.2006, pp. 1–32).

Successive amendments to Regulation (EC) No 1896/2006 have been incorporated in the basic text. This consolidated version is of documentary value only.

RELATED ACTS

Report from the Commission to European Parliament, the Council and the European Economic and Social Committee on the application of Regulation (EC) 1896/2006 of the European Parliament and of the Council creating a European Order for Payment Procedure (COM(2015) 495 final of 13.10.2015)

last update 25.01.2016