The European order for payment procedure

If one of your clients is based in a Member State of the European Union and if that client owes you money, a procedure is in place whereby you might try to recover your debt. This procedure is theEuropean order for payment procedure.International recoverybetween the countries of Europe is thus made easier. In this article you can find out all you need to know to simplifydebt recovery in Europe.

What is the European order for payment procedure?

TheEuropean order for payment procedureis a procedure set up by the European Union through Regulation EC1896/2006, applicable since 12 December 2008 throughout all the Member States of the EU (except for Denmark). Its objective? The creation of a unified European order for payment system in order to facilitate the recovery of cross-border debt.  

When might it apply?

TheEuropean order for payment proceduremay be applicable under certain conditions:  

• The two parties must be established in different Member States
• The debt must issue from a contract in civil or commercial matters
• The debt must be certain, liquid and due.

What does the procedure cost?

Thecostof theEuropean order for payment procedurevaries according to the country from which it originates but, in the general way of things, is not particularly expensive. If you would like to receive more info concerning a specific file, please contact us. (Bye-mailatsales@tcm.beor bytelephoneon +32 16 74 52 04)  

How is this procedure initiated?

Initiating a European order for payment procedure isrelatively simple. It is divided into5 stages, each accompanied by its own specific forms for completion. All these forms, incidentally, can also be directly accessed on and downloaded from theEuropean e-Justice portal.  1. Sending the order for payment Sending the order for payment to the competent Court via Form A.Form A: Application for European order for payment  2. Inspection by the competent Court of the applicationThe Judge may take the view that the application requires completion or correction and send Form B to the creditor.Form B:Instruction, sent to the applicant, to complete and/or correct the application for a European order for payment.   The Judge may believe it is necessary to modify the application himself. In that case he will send the proposed modification using Form C. In case of refusal of the modification the Judge will quite simply reject the application.Form C: Proposal, sent to the applicant for the modification of an application for a European order for payment   The Judge mayrejectthe application out of hand via Form D, sent to the applicant.Form D: Decision of rejection of an application for a European order for payment.  3. Acceptance by the judge of the applicationIf the application is accepted, the Judge will issue the European order for payment within 30 days to both parties via Form E.Form E: European order for payment.  4. Potential contestation of the order on the part of the opposing partyThe opposing party has30 daysin which to contest the order for payment.Form F: Opposition to the European order for payment.  5. Obligation of Payment binding the opposing partyOnce the time limit of 30 days set for contestation has elapsed, the Judge will declare the European order for payment enforceable and send Form G to the opposing party.Form G: Declaration establishing executory power.     If you want to find out more about ourinternational recoveryservicesand, more particularly, in Europe, visit ourdedicated pageor you can always contact us bye-mailatsales@tcm.beor bytelephoneon +32 16 74 52 04.

The European order for payment procedure

If one of your clients is based in a Member State of the European Union and if that client owes you money, a procedure is in place whereby you might try to recover your debt. This procedure is theEuropean order for payment procedure.International recoverybetween the countries of Europe is thus made easier. In this article you can find out all you need to know to simplifydebt recovery in Europe.

What is the European order for payment procedure?

TheEuropean order for payment procedureis a procedure set up by the European Union through Regulation EC1896/2006, applicable since 12 December 2008 throughout all the Member States of the EU (except for Denmark). Its objective? The creation of a unified European order for payment system in order to facilitate the recovery of cross-border debt.  

When might it apply?

TheEuropean order for payment proceduremay be applicable under certain conditions:  

• The two parties must be established in different Member States
• The debt must issue from a contract in civil or commercial matters
• The debt must be certain, liquid and due.

What does the procedure cost?

Thecostof theEuropean order for payment procedurevaries according to the country from which it originates but, in the general way of things, is not particularly expensive. If you would like to receive more info concerning a specific file, please contact us. (Bye-mailatsales@tcm.beor bytelephoneon +32 16 74 52 04)  

How is this procedure initiated?

Initiating a European order for payment procedure isrelatively simple. It is divided into5 stages, each accompanied by its own specific forms for completion. All these forms, incidentally, can also be directly accessed on and downloaded from theEuropean e-Justice portal.  1. Sending the order for payment Sending the order for payment to the competent Court via Form A.Form A: Application for European order for payment  2. Inspection by the competent Court of the applicationThe Judge may take the view that the application requires completion or correction and send Form B to the creditor.Form B:Instruction, sent to the applicant, to complete and/or correct the application for a European order for payment.   The Judge may believe it is necessary to modify the application himself. In that case he will send the proposed modification using Form C. In case of refusal of the modification the Judge will quite simply reject the application.Form C: Proposal, sent to the applicant for the modification of an application for a European order for payment   The Judge mayrejectthe application out of hand via Form D, sent to the applicant.Form D: Decision of rejection of an application for a European order for payment.  3. Acceptance by the judge of the applicationIf the application is accepted, the Judge will issue the European order for payment within 30 days to both parties via Form E.Form E: European order for payment.  4. Potential contestation of the order on the part of the opposing partyThe opposing party has30 daysin which to contest the order for payment.Form F: Opposition to the European order for payment.  5. Obligation of Payment binding the opposing partyOnce the time limit of 30 days set for contestation has elapsed, the Judge will declare the European order for payment enforceable and send Form G to the opposing party.Form G: Declaration establishing executory power.     If you want to find out more about ourinternational recoveryservicesand, more particularly, in Europe, visit ourdedicated pageor you can always contact us bye-mailatsales@tcm.beor bytelephoneon +32 16 74 52 04.