Unit 8: The European order for payment procedure and the European small claims procedure Dr....
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Transcript of Unit 8: The European order for payment procedure and the European small claims procedure Dr....
Unit 8:
The European order for payment procedure and the European small claims procedure
Dr. Matthias Frey
Head of the Municipal Court
European order for payment procedure
• Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure
• Applicable in all Member States with the exception of Denmark for cross-border disputes in civil and commercial matters
• Issued upon application for a European order for payment using a standardised procedure
• Statement of opposition as an appeal against the European order for payment
• Following opposition, the procedure continues pursuant to the civil procedure legislation in the court of the Member State of origin
• Declaration of enforceability by the court of origin• The European order for payment must be enforced according to the law of
the Member State of enforcement; it does not require a declaration of enforceability from said Member State.
European Small Claims Procedure
• Regulation (EC) No. 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure
• Applicable in all Member States with the exception of Denmark for cross-border disputes in civil and commercial matters involving amounts of up to € 2000
• Standardised written claim procedure• Decision in the form of a judgment• Appeal against the judgment according to the provisions of national
procedural law• The judgments are recognised and enforced in another Member
State without the need for a declaration of enforceability and recognition cannot be refused
• Enforced pursuant to the laws of the Member State of enforcement