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Procedure : 2004/0055(COD)
Document stages in plenary
Document selected : A6-0240/2005

Texts tabled :

A6-0240/2005

Debates :

Votes :

PV 13/12/2005 - 8.31

Texts adopted :

P6_TA(2005)0499

Texts adopted
WORD 141k
Tuesday, 13 December 2005 - Strasbourg Final edition
European order for payment procedure ***I
P6_TA(2005)0499A6-0240/2005
Resolution
 Consolidated text

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council creating a European order for payment procedure (COM(2004)0173 – C6-0006/2004 – 2004/0055(COD))

(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2004)0173)(1) ,

–   having regard to Article 251(2) and Article  61(c) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0006/2004),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0240/2005),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

(1) Not yet published in OJ.


Position of the European Parliament adopted at first reading on 13 December 2005 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council creating a European order for payment procedure
P6_TC1-COD(2004)0055

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 61 (c) thereof,

Having regard to the proposal from the Commission ,

Having regard to the opinion of the European Economic and Social Committee(1) ,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(2) ,

Whereas:

(1)  The Community has set itself the objective of maintaining and developing an area of freedom, security and justice, in which the free movement of persons is ensured. To that end, the Community is to adopt, among others, measures in the field of judicial cooperation in civil matters that are necessary for the proper functioning of the internal market.

(2)  The European Council meeting in Tampere on 15 and 16 October 1999 invited the Council and the Commission to prepare new legislation on issues that are instrumental to smooth judicial cooperation and to enhanced access to law and specifically made reference, in that context, to orders for money payment.

(3)  On 30 November 2000, the Council adopted a joint programme of the Commission and the Council of measures for implementation of the principle of mutual recognition of decisions in civil and commercial matters(3) . The programme envisages the possibility of a specific, uniform or harmonised procedure to obtain a judicial decision laid down within the Community in specific areas including that of uncontested claims.

(4)  The Commission adopted a Green Paper on a European order for payment procedure and on measures to simplify and speed up small claims litigation on 20 December 2002. The Green Paper launched a consultation on the possible objectives and features of a uniform or harmonised European procedure for the recovery of uncontested claims.

(5)  The swift and efficient recovery of outstanding debts concerning which no legal controversy exists is of paramount importance for economic operators in the European Union as late payments constitute a major reason for insolvency threatening the survival of businesses, particularly small and medium-sized ones, and result in numerous job losses.

(6)  Whilst all Member States try to tackle the issue of mass recovery of uncontested claims, the majority of them by devising a simplified order for payment procedure, both the content of national legislation and the performance of the domestic procedures vary substantially. Furthermore, the currently existing procedures are frequently either inadmissible or impracticable in cross-border situations.

(7)  The resulting impediments to access to efficient justice, particularly in cross-border cases, and the distortion of competition within the internal market caused by disequilibrium in the functioning of the procedural means afforded to creditors in different Member States are such that there is a need for Community legislation which guarantees a level playing field for creditors and debtors throughout the European Union.

(8)  The procedure established by this Regulation serves as an additional and optional means for the claimant, who remains free to resort to a procedure provided for by domestic law. Accordingly, this Regulation neither replaces nor harmonises the existing mechanisms for the recovery of uncontested claims under national law.

(9)  The European order for payment should be available for all civil pecuniary claims, contractual and non-contractual, with the exception of rights in property arising out of a matrimonial relationship, wills or succession, where even in default of objections courts often cannot rely on the claimant's allegations but have to examine the facts of their own motion. The procedure should not be restricted to claims below a certain ceiling. It should not apply, however, to claims that have not yet fallen due at the time of the application and in particular to future periodic payments.

(10)  The procedure should be based, to the largest extent possible, on the use of standard forms in the communication between the court and the parties in order to facilitate its administration and enable the use of automatic data processing.

(11)  In the application for a European order for payment, the claimant should be obliged to provide information that is sufficient to clearly identify the demand and its justification, enabling the defendant to make a well-informed choice of opposing the claim or leaving it uncontested. In that context, it should be mandatory for the claimant to cite some evidence he could rely on to prove the correctness of his allegations without having to actually submit documentary evidence to the court.

(12)  The court should examine the application, including the issue of jurisdiction and the description of evidence, on the basis of the information provided in the form. This would allow the court to examine prima facie the merits of the claim and inter alia to exclude clearly unfounded or inadmissible claims. The examination does not necessarily need to be carried out by a judge.

(13)  Whereas no review will lie against rejection of an application for a European order for payment this does not preclude the possibility of a review of the decision at the same level of jurisdiction.

(14)  Review in exceptional cases does not mean that the defendant is given a second chance to object to the claim. During the review procedure the merits of the claim should not be evaluated beyond the grounds resulting from the exceptional circumstances invoked by the defendant.

(15)  The European payment notification should apprise the defendant of his options to either pay his outstanding debt to the claimant or, if he wishes to contest the claim, to submit a statement of defence within a time limit of three weeks. In addition to being provided with full information concerning the claim as supplied by the claimant, the defendant should be advised of the legal significance of the notification and in particular of the consequences of leaving the claim uncontested.

(16)  A statement of defence filed within the time limit should terminate the European order for payment procedure and should lead to an automatic transfer of the case to ordinary civil proceedings unless the claimant has explicitly requested to discontinue the proceedings in that event.

(17)  The European order for payment to be issued in the absence of a statement of defence should be immediately enforceable against the defendant. It should be subject to opposition which should entail essentially the same consequences as a statement of defence. In default of the lodging of a statement of opposition the order for payment should have the same status as a final judgment handed down in ordinary civil proceedings.

(18)  For the purposes of calculating the time limits Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (4) should apply.

(19)  The standard form should inform the defendant that time-limits are to be calculated in accordance with Regulation (EEC, Euratom) No 1182/71, taking into account the public holidays of the Member State in which the court is situated.

(20)  Lodging of an application for a European order for payment implies the payment of any applicable court fees.

(21)  The courts should take into account any other written form of opposition if it is expressed in a clear manner.

(22)  The concept of "ordinary civil proceedings" in this Regulation should not necessarily be interpreted within the meaning of national law.

(23)  Whereas the combined court fees of a European order for payment and of the ordinary civil proceedings in the event of a statement of opposition should not exceed the court fees of ordinary civil proceedings without a preceding European order for payment, those costs do not include, for example, lawyers" fees or costs of service of documents by an entity other than a court.

(24)  Member States, when deciding which courts are to have jurisdiction to issue a European order for payment, should give due account to the need to ensure access to justice.

(25)  This Regulation does not affect the application of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(5) or of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters(6) .

(26)  Since the objective of this Regulation, namely to establish a uniform rapid and efficient mechanism for the recovery of uncontested money claims throughout the European Union, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and the impact of the Regulation, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty . In accordance with the principle of proportionality as set out in that Article , this Regulation does not go beyond what is necessary in order to achieve that objective ; in particular, it restricts the interference with national procedural law to a minimum as it does not supplant domestic simplified procedures but adds an additional option.

(27)  This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union as general principles of Community law. Specifically, it seeks to ensure full respect for the right to a fair trial as recognised in Article 47 of the Charter.

(28)  The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7) .

(29)  The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community, have given notice of their wish to take part in the adoption and application of this Regulation.

(30)  Denmark, in accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, is not participating in the adoption of this Regulation, and is therefore not bound by it or subject to its application,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

1.  The purpose of this Regulation is:

   a) to simplify, speed up and reduce the costs of litigation in cross-border cases concerning uncontested pecuniary claims by creating a European order for payment procedure; and
   b) to permit the free circulation of European orders for payment throughout all Member States by laying down minimum standards whose observance renders unnecessary any intermediate proceedings to be brought in the Member State of enforcement prior to recognition and enforcement.

2.  This Regulation shall not prevent a claimant from pursuing a claim within the meaning of Article 5 by making use of another procedure available under the law of a Member State or under Community law.

Article 2

Scope

1.  This Regulation shall apply, in cross-border cases, to civil and commercial matters, whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters or the liability of the State for acts and omissions in the exercise of State authority ("acta iure imperii") .

2.  This Regulation shall not apply to :

   a) rights in property arising out of a matrimonial relationship, wills and succession ;
   b) bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings;
   c) social security;
  d) claims arising from non-contractual obligations, unless:
   i) they have been the subject of an agreement between the parties or there has been an admission of debt; or
   ii) they relate to liquidated debts arising from joint ownership of property.

3.  In this Regulation, the term "Member State" shall mean Member States with the exception of Denmark.

Article 3

Cross-border cases

1.  For the purposes of this Regulation, a cross-border case is one in which at least one of the parties is domiciled or habitually resident in a Member State other than the Member State of the court seised.

2.  Domicile shall be determined in accordance with Articles 59 and 60 of Regulation (EC) No 44/2001.

3.  The relevant moment for determining whether there is a cross-border case is the time when the application for a European order for payment is submitted in accordance with this Regulation.

Article 4

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1)  "Member State of origin": the Member State in which a European order for payment is issued;

(2)  "Member State of enforcement": the Member State in which enforcement of the European order for payment is sought;

   3) "court": any authority in the Member States with competence regarding the European order for payment or any other related matters;
   4) "court of origin": the court which issues the European order for payment.

Article 5

European order for payment procedure

The European order for payment procedure is established for the collection of pecuniary claims for a specific amount that have fallen due at the time when the application for a European order for payment is submitted .

Article 6

Jurisdiction

1.  For the purposes of applying this Regulation, jurisdiction shall be determined in accordance with the relevant rules of Community law, in particular Regulation (EC) No 44/2001.

2.  However, if the claim relates to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, and if the defendant is the consumer, only the courts in the Member State in which the defendant is domiciled, within the meaning of Article 59 of Regulation (EC) No 44/2001, shall have jurisdiction.

Article 7

Application for a European order for payment

1.  An application for a European order for payment shall be made using the standard form in the Annex hereto .

2.  The application shall state:

   a) the names and addresses of the parties, and, where applicable, their representatives, and of the court to which the application is made;
   b) the amount of the claim, including the principal and, where applicable, interest and contractual penalties ;
   c) if interest on the claim is demanded, the interest rate and the time period for which that interest is demanded unless statutory interest is automatically added to the principal under the law of the Member State of origin ;
   d) the cause of action, including a description of the circumstances invoked as the basis of the claim and, where applicable, of the interest demanded ;
   e) a description of evidence supporting the claim;
   f) the grounds for jurisdiction; and
   g) the cross-border nature of the case in accordance with Article 3.

3.  In the application, the claimant shall state that the information provided is true to the best of the claimant's knowledge and belief and he acknowledges that any deliberate false statement could lead to appropriate sanctions under the law of the Member State of origin.

4.  In an annex to the application the claimant may indicate to the court that he opposes a transfer to ordinary civil proceedings within the meaning of Article 17 in case of opposition by the defendant. This does not prevent the claimant from informing the court thereof subsequently, but in any event before the order is issued.

5.  The application shall be submitted in paper form or by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin .

6.  The application must be signed by the claimant or, where applicable, by his representative. Where the application is submitted in electronic form in accordance with paragraph 5, it shall be signed in accordance with Article 2, point 2 of Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (8) . The signature shall be recognised in the Member State of origin and may not be made subject to additional requirements.

However, such electronic signature shall not be required if and to the extent that an alternative electronic communications system exists in the courts of the Member State of origin which is available to a certain group of pre-registered authenticated users and that permits the identification of those users in a secure manner. Member States shall inform the Commission of such communication systems.

Article 8

Examination of the application

1.  The court seised of an application for a European order for payment shall examine, as soon as possible, and on the basis of the application form, whether the requirements set out in Articles 2, 3, 5, 6 and 7 are met and whether the claim appears to be founded and admissible. This examination can be by means of an automated procedure .

2.  Where the court considers a rejection of the application due to a failure to fulfil the requirements of Article 7 it may give the claimant the opportunity to complete or rectify the application.

Article 9

Completion and rectification of the application

1.  If the requirements set out in Article 7 are not met and unless the application is clearly unfounded or inadmissible, the court shall give the claimant the opportunity to complete or rectify the application. The court shall use the standard form in the Annex.

2.  Where the court requests the claimant to complete or rectify the application, it shall specify a time-limit it deems appropriate in the circumstances. The court may at its discretion extend the time-limit.

Article 10

Modification of the application

1.  If the requirements set out in Article 8 are met for only a part of the application, the court shall inform the claimant thereof, using the standard form in the Annex. The claimant shall be invited to accept or refuse a proposal for a European order for payment for the amount specified by the court and shall be informed of the consequences of his decision. The claimant shall reply by returning the standard form sent by the court within a time-limit specified by the court in accordance with Article 9(2).

2.  If the claimant accepts the court's proposal, the court shall issue a European order for payment, in accordance with Article 12, for that part of the application accepted by the claimant. The consequences with respect to the remaining part of the initial claim shall be governed by national law.

3.  If the claimant fails to send his reply within the time-limit specified by the court or refuses the court's proposal, the court shall reject the application for a European order for payment in its entirety, in accordance with Article 11.

Article 11

Rejection of the application

1.  The court shall reject the application if :

   a) the claimant fails to send his reply within the time-limit set by the court under Article 9(2); or
   b) the claimant fails to send his reply within the time-limit specified by the court or refuses the court's proposal, in accordance with Article 10(3); or
   c) the requirements set out in Articles 2, 3, 5, 6 and 7 are not met; or
   d) the claim is clearly unfounded or inadmissible.

The claimant shall be informed of the grounds for the rejection by means of the standard form in the Annex .

2.  No appeal shall lie against the rejection of the application .

3.  The rejection of the application shall not prevent the claimant from pursuing the claim by means of a new application for a European order for payment or of any other procedure available under the law of a Member State .

Article 12

Issue of a European order for payment

1.  If the conditions set out in Article 8 are met, the court shall issue, as soon as possible and normally within 30 days of the lodging of the application, a European order for payment, using the standard form in the Annex.

The 30-day period shall not include the time taken by the claimant to complete, rectify or modify the application.

2.  The European order for payment shall be issued together with a copy of the application form. It shall not comprise the information provided by the claimant pursuant to Article 7(4).

3.  In the European order for payment, the defendant shall be advised of his options to:

   a) pay the amount indicated in the order to the claimant; or
   b) oppose the order by lodging a statement of opposition with the court of origin within the time limit laid down in Article 16(2).

4 .  In the European order for payment, the defendant shall be informed that:

   a) the order was issued on the sole basis of the information which was provided by the claimant and was not verified by the court;
   b) the order will become enforceable unless a statement of opposition has been lodged with the court in accordance with Article 16;
   c) where a statement of opposition is lodged, the proceedings shall continue before the competent courts of the Member State of origin in accordance with the rules of ordinary civil proceedings unless the claimant has explicitly requested to discontinue the proceedings in that event .

5.  The court shall ensure that the order is served on the defendant in accordance with national law by a method that shall meet the minimum standards laid down in Articles 13 to 15.

Article 13

Service with proof of receipt by the defendant

The European order for payment may be served on the defendant in accordance with the national law of the Member State addressed, by one of the following methods:

   a) personal service attested by an acknowledgement of receipt, including the date of receipt, which is signed by the defendant;
   b) personal service attested by a document signed by the competent person who effected the service stating that the defendant has received the document or refused to receive it without any legal justification, and the date of service;
   c) postal service attested by an acknowledgement of receipt including the date of receipt, which is signed and returned by the defendant;
   d) service by electronic means such as fax or e-mail, attested by an acknowledgement of receipt including the date of receipt, which is signed and returned by the defendant.

Article 14

Service without proof of receipt by the defendant

1.  The European order for payment may also be served on the defendant in accordance with the national law of the Member State addressed, by one of the following methods:

   a) personal service at the defendant's personal address on persons who are living in the same household as the defendant or are employed there;
   b) in the case of a self-employed defendant or a legal person, personal service at the defendant's business premises on persons who are employed by the defendant;
   c) deposit of the order in the defendant's mailbox;
   d) deposit of the order at a post office or with competent public authorities and the placing in the defendant's mailbox of written notification of that deposit, provided that the written notification clearly states the character of the document as a court document or the legal effect of the notification as effecting service and setting in motion the running of time for purposes of time limits;
   e) postal service without proof pursuant to paragraph 3 where the defendant has his address in the Member State of origin;
   f) electronic means attested by an automatic confirmation of delivery, provided that the defendant has expressly accepted this method of service in advance.

2.  For the purposes of this Regulation, service under paragraph 1 is not admissible if the defendant's address is not known with certainty.

3.  Service pursuant to paragraph 1 (a) to (d) shall be attested by:

  a) a document signed by the competent person who effected the service, indicating:
   i) the method of service used;
   ii) the date of service;
   iii) where the order has been served on a person other than the defendant, the name of that person and his relation to the defendant; or
   b) an acknowledgement of receipt by the person served, for purposes of paragraphs (1)(a) and (b).

Article 15

Service on a representative

Service pursuant to Articles 13 and 14 may also be effected on a defendant's representative.

Article 16

Opposition to the European order for payment

1.  The defendant may lodge a statement of opposition to the European order for payment with the court of origin using the standard form in the Annex, which shall be supplied to him together with the European order for payment.

2.  The statement of opposition shall be sent within 30 days of service of the order on the defendant.

3.  The defendant shall indicate in the statement of opposition that he contests the claim, without having to specify the reasons for this .

4 .  The statement of opposition shall be submitted in paper form or by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin .

5 .  The statement of opposition must be signed by the defendant or, where applicable, by his representative. Where the statement of opposition is submitted in electronic form in accordance with paragraph 4, it shall be signed in accordance with Article 2, point 2 of Directive 1999/93/EC. The signature shall be recognised in the Member State of origin and may not be made subject to additional requirements.

However, such electronic signature shall not be required if and to the extent that an alternative electronic communications system exists in the courts of the Member State of origin which is available to a certain group of pre-registered authenticated users. Member States shall inform the Commission of such communication systems.

Article 17

Effects of the lodging of a statement of opposition

1.  If a statement of opposition is entered within the time-limit laid down in Article 16(2), the proceedings shall continue before the competent courts of the Member State of origin in accordance with the rules of ordinary civil proceedings unless the claimant has explicitly requested to discontinue the proceedings in that event in accordance with Article 7(4).

Where the claimant pursued his claim through the European order for payment procedure, nothing under national law shall prejudice his position in subsequent ordinary civil proceedings.

2.  The transfer to ordinary civil proceedings within the meaning of paragraph 1 shall be governed by the law of the Member State of origin .

3.  The claimant shall be informed of whether the defendant has lodged a statement of opposition and of any transfer to ordinary civil proceedings.

Article 18

Enforceability

1.  If within the time limit laid down in Article 16(2), taking into account an appropriate period of time to allow a statement to arrive, no statement of opposition has been lodged, the court shall without delay declare the European order for payment enforceable, using the standard form in the Annex. The court of origin shall verify the date of service.

2.  Without prejudice to paragraph 1, the formal requirements for enforceability shall be governed by the law of the Member State of origin.

3.  The court shall send the enforceable European order for payment to the claimant.

Article 19

Abolition of exequatur

A European order for payment which has become enforceable in the Member State of origin shall be recognised and enforced in the other Member States without the need for a declaration of enforceability and without any possibility of opposing its recognition.

Article 20

Review in exceptional cases

1.  Upon the expiry of the time-limit laid down in Article 16(2) the defendant is entitled to apply for a review of the order for payment before the competent court in the Member State of origin where:

   a) (i) the order for payment was served by one of the methods provided for in Article 14; and
   ii) service was not effected in sufficient time to enable him to arrange for his defence, without any fault on his part, or
   b) the defendant was prevented from objecting to the claim by reason of force majeure or due to extraordinary circumstances without any fault on his part,
provided in either case that he acts promptly.

2.  Upon the expiry of the time-limit laid down in Article 16(2) the defendant is also entitled to apply for a review of the order for payment before the competent court in the Member State of origin where the European order for payment was clearly wrongly granted, having regard to the requirements laid down in this Regulation, or due to other exceptional circumstances.

3.  If the court rejects the application on the basis that none of the grounds for review referred to in paragraphs 1 and 2 apply, the European order for payment shall remain in force.

4.  If the court decides that the review is justified for one of the reasons laid down in paragraphs 1 and 2, the European order for payment shall be null and void.

Article 21

Enforcement

1.  Without prejudice to the provisions of this Regulation, enforcement procedures shall be governed by the law of the Member State of enforcement.

A European order for payment which has become enforceable shall be enforced under the same conditions as an enforceable decision issued in the Member State of enforcement.

2.  For enforcement in another Member State, the claimant shall produce to the competent enforcement authorities of that Member State:

   a) a copy of the European order for payment, as declared enforceable by the court of origin, which satisfies the conditions necessary to establish its authenticity; and
   b) where necessary, a translation of the European order for payment into the official language of the Member State of enforcement or, if there are several official languages in that Member State, the official language or one of the official languages of court proceedings of the place where enforcement is sought, in conformity with the law of that Member State, or into another language that the Member State of enforcement has indicated it can accept. Each Member State may indicate the official language or languages of the institutions of the European Community other than its own which it can accept for the European order for payment. The translation shall be certified by a person qualified to do so in one of the Member States.

3.  No security, bond or deposit, however described, shall be required of a claimant who in one Member State applies for enforcement of a European order for payment issued in another Member State on the ground that he is a foreign national or that he is not domiciled or habitually resident in the Member State of enforcement.

Article 22

Refusal of enforcement

1.  Enforcement shall, upon application by the defendant, be refused by the competent court in the Member State of enforcement if the European order for payment is irreconcilable with an earlier decision or order previously given in any Member State or in a third country, provided that:

   a) the earlier decision involved the same cause of action and was between the same parties; and
   b) the earlier decision fulfils the conditions necessary for its recognition in the Member State of enforcement; and
   c) the irreconcilability could not have been raised as an objection in the court proceedings in the Member State of origin.

2.  Enforcement shall, upon application, also be refused if and to the extent that the defendant has paid the claimant the amount awarded in the European order for payment.

3.  Under no circumstances may the European order for payment be reviewed as to its substance in the Member State of enforcement.

Article 23

Stay or limitation of enforcement

Where the defendant has applied for a review in accordance with Article 20, the competent court in the Member State of enforcement may, upon application by the defendant:

   a) limit the enforcement proceedings to protective measures; or
   b) make enforcement conditional on the provision of such security as it shall determine; or
   c) under exceptional circumstances, stay the enforcement proceedings.

Article 24

Legal representation

Representation by a lawyer or another legal professional shall not be mandatory

   a) for the claimant in respect of the application for a European order for payment;
   b) for the defendant in respect of the statement of opposition to a European order for payment .

Article 25

Court fees

1.  The combined court fees of a European order for payment procedure and of the ordinary civil proceedings that ensue in the event of a statement of opposition to a European order for payment in a Member State shall not exceed the court fees of ordinary civil proceedings without a preceding European order for payment procedure in that Member State .

2.  For the purposes of this Regulation, court fees shall comprise fees and charges to be paid to the court, the amount of which is fixed in accordance with national law.

Article 26

Relationship with national procedural law

All procedural issues not specifically dealt with in this Regulation shall be governed by national law .

Article 27

Relationship with Regulation (EC) No 1348/2000

This Regulation shall not affect the application of Regulation (EC) No 1348/2000.

Article 28

Information relating to service costs and enforcement

The Member States shall cooperate to provide the general public and professional circles with information on, notably via the European Judicial Network in civil and commercial matters established in accordance with Council Decision 2001/470/EC of 28 May 2001 (9)

   a) costs of service of documents; and
   b) which authorities have competence with respect to enforcement for the purposes of the application of Articles 19 to 21 .

Article 29

Information relating to jurisdiction, review procedures, means of communication and languages

1.  By ..., the Member States shall communicate to the Commission:

   a) which courts have jurisdiction to issue a European order for payment,
   b) the review procedure and the competent courts for the purposes of Article 20,
   c) the means of communication accepted for purposes of the European order for payment procedure and available to the courts,
   d) languages accepted pursuant to Article 21(2)(b).

Member States shall apprise the Commission of any subsequent changes to this information.

2.  The Commission shall make the information notified in accordance with paragraph 1 publicly available through publication in the Official Journal of the European Union and through any other appropriate means.

Article 30

Amendments to the Annex

The standard forms set out in the Annex shall be updated or technically adjusted in accordance with the procedure referred to in Article 31 , in full conformity with the provisions of this Regulation .

Article 31

Committee

1.  The Commission shall be assisted by the Committee provided for by Article 75 of Regulation (EC) No 44/2001.

2.  Where reference is made to this paragraph , Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 32

Report

By .... (10) , the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a detailed report reviewing the operation of the European order for payment procedure. That report shall contain an assessment of the procedure as it has operated and an extended impact assessment for each Member State.

To that end, and in order to ensure that best practice in the European Union is duly taken into account and reflects the principles of better legislation, Member States shall provide the Commission with information relating to the cross-border operation of the European order for payment. This information should cover court fees, speed of the procedure, efficiency, ease of use and the internal payment order procedures of the Member States.

The Commission's report shall be accompanied, if appropriate, by proposals for adaptation.

Article 33

Entry into force

This Regulation shall enter into force on ... .

It shall apply from ..., with the exception of Articles ..., ... and ... which shall apply from ... .

This Regulation shall be binding in its entirety and directly applicable in all Member States in accordance with the Treaty establishing the European Community.

Done at,

For the European Parliament For the Council

The President The President

ANNEX

APPLICATION FOR A EUROPEAN ORDER FOR PAYMENT

[Article 7(1) of Regulation (EC) No …/2006 of the European Parliament and of the Council creating a European order for payment procedure]

NOTICE TO THE APPLICANT

1. You may complete this form in your own language or in one of the languages used by the court to be seised.

2. If the defendant lodges an opposition to your claim, the proceedings will continue before the competent courts in accordance with the rules of ordinary civil proceedings. If you do not wish to continue the proceedings in such a case, you should also sign Annex A to the present form. This information will not be available to the defendant.

1.  Court

1.1  Name:

1.2  Address:

1.2.1  Street and number/post-box:

1.2.2  City:

1.2.3  Postal code:

1.2.4  Country:

2.  Claimant

2.1  Surname:

2.2  First name:

2.3  Company name/occupation (**)

2.4  Address:

2.4.1  Street and number/post-box:

2.4.2  City:

2.4.3  Postal code:

2.4.4  Country:

2.5  Tel. (*):

2.6  Fax (*):

2.7  E-mail (*):

3.  Claimant's representative (**)

3.1  Surname:

3.2  First name:

3.3  Company name/occupation (**)

3.4  Address:

3.4.1  Street and number/post-box:

3.4.2  City

3.4.3  Postal code:

3.4.4  Country:

3.5  Tel. (*):

3.6  Fax (*):

3.7  E-mail (*):

4.  Bank details for the purposes of payment

4.1  Account holder:

4.2  Account number:

4.2.1  IBAN (**)

4.3  Name and address of the bank:

4.4  Bank Identifier Code (e.g. BIC or other relevant bank code) (**):

5.  Defendant(s)

5.1  Surname:

5.2  First name:

5.3  Company name/occupation (**)

5.4  Address:

5.4.1  Street and number/post-box:

5.4.2  City:

5.4.3  Postal code:

5.4.4  Country:

5.5  Tel. (*):

5.6  Fax (*):

5.7  E-mail (*):

6.  Defendant's representative (if applicable)

6.1  Surname:

6.2  First name:

6.3  Company name/occupation (**)

6.4  Address:

6.4.1  Street and number/post-box:

6.4.2  City:

6.4.3  Postal code:

6.4.4  Country:

6.5  Tel. (*):

6.6  Fax (*):

6.7  E-mail (*):

7.  Claim

7.1  The claim relates to:

7.1.1  Sales contract □

7.1.2  Rental agreement – movable property □

7.1.3  Rental agreement - immovable property □

7.1.4  Rental agreement – commercial lease □

7.1.5  Contract of service – electricity, gas, water, phone □

7.1.6  Contract of service – medical services □

7.1.7  Contract of service – transport □

7.1.8  Contract of service – legal, tax, technical advice □

7.1.9  Contract of service – hotel, restaurant □

7.1.10  Contract of service – repair □

7.1.11  Contract of service – brokerage □

7.1.12  Contract of service – other □

7.1.13  Building contract □

7.1.14  Insurance contract □

7.1.15  Loan □

7.1.16  Guarantee or other collateral(s) □

7.1.17  Damages – traffic accident □

7.1.18  Damages – contract □

7.1.19  Damages – other □

7.1.20  Subscription agreement (newspaper, magazine) □

7.1.21  Membership fee □

7.1.22  Employment agreement □

7.1.23  Out-of-court settlement □

7.1.24  Damages - unjust enrichment □

7.1.25  Other (please specify)……………………….. □

7.2  Does the claim concern matters relating to consumer contracts?

Yes□ No□

7.2.1  If yes:

Is the defendant the consumer?

Yes□ No□

7.2.2  If yes:

Is the defendant domiciled in the Member State where the court is seised (within the meaning of Article 59 of Regulation (EC) No 44/2001)?

Yes□ No□

7.3  Circumstances invoked

7.3.1   Date on which problem(s) was (were) encountered (day/month/year): __/__/____

Is this the first time the problem has arisen?

Yes

No

7.3.2  Problem connected with

7.3.2.1  Non-payment □

7.3.2.2  Insufficient payment □

7.3.2.3  Late payment □

Duration of delay: _ Years ____ Months ____ Days ___

7.3.2.4  Non-delivery of goods or services □

7.3.2.5  Delivery of defective goods or poor services □

Details: _____________________

7.3.2.6  Partial delivery of goods or services □

Details:

7.3.2.7  Late delivery of goods or services □

Duration of delay: Years ____ Months ____ Days ____

7.3.2.8  Product or service not in conformity with the order □

7.3.2.9  Products or services not ordered □

7.3.2.10  Refusal to honour the guarantee □

7.3.2.11  Refusal to sell □

7.3.2.12  Refusal to provide service □

7.3.2.13  Incorrect information provided □

7.3.2.14  Inadequate information provided □

7.3.2.15  Incorrect price □

7.3.2.16  Incorrect payment arrangements □

7.3.2.17  Down or advance payment □

7.3.2.18  Supplementary charges □

7.3.2.19  Unjustified costs/billing □

7.3.2.20  Terms of contract □

7.3.2.21  Coverage of contract □

7.3.2.22  Assessment of damage □

7.3.2.23  Refusal to pay compensation □

7.3.2.24  Inadequate compensation □

7.3.2.25  Modification of contract □

7.3.2.26  Poor performance of contract □

7.3.2.27  Cancellation/rescission of contract □

7.3.2.28  Cancellation of service □

7.3.2.29  Loan reimbursement □

7.3.2.30  Interest demanded □

7.3.2.31  Failure to honour commitments □

7.3.2.32  Other type of problem (please specify) …..……............□

7.4  Other details about the claim (please specify)

7.4.1  Place of purchase:

7.4.2  Place of delivery:

7.4.3  Date of purchase: (day/month/year): __/__/____

7.4.4  Date of delivery: (day/month/year): __/__/____

7.4.5  Address of immoveable property or building:

7.4.6  Type of good(s) or property transported/insured/repaired:

7.4.7  In cases relating to telecommunication, telephone number concerned:

7.4.8  In cases relating to medical services, name of doctor, physician, hospital:

7.4.9  In cases relating to brokerage, goods or property concerned:

7.4.10  In case of guarantee or other collateral, goods or property concerned:

7.4.11  In case of loan, purpose of loan:

7.4.11.1  Consumer credit

7.4.11.2  Mortgage credit

   7.4.11. 3 _____

7.4.11.4  Other:

7.4.12  In case of subscription, specify newspaper, magazine …:

7.4.13  In case of membership, specify club, association, organisation …:

7.4.14  In case of settlement, subject matter:

…………………..........................................

7.5  The claim fell due on (day/month/year): __/__/____

7.6  The claim has been assigned to the claimant by (**):

7.6.1  Surname:

7.6.2  First name:

7.6.3  Company name/occupation (**)

7.6.4  Address:

7.6.4.1  Street and number/post-box:

7.6.4.2  City:

7.6.4.3  Postal code:

7.6.4.4  Country:

7.6.5  Tel. (*):

7.6.6  Fax (*):

7.6.7  E-mail (*):

7.7  Amount of the claim

7.7.1  Principal amount

7.7.1.1  Amount (not including interest and costs): ………………………..

7.7.1.2  Currency:

CYP (Cypriot Pound) □

CZK (Czech Koruny) □

EEK (Estonian Kroon) □

EUR (Euro) □

GBP (UK Pound) □

HUF (Hungarian Forint) □

LTL (Lithuanian Litai) □

LVL (Latvian Lati) □

MTL (Maltese Liri) □

PLN (Polish Zloty) □

SEK (Swedish Kronor) □

SIT (Slovenian Tolars) □

SKK (Slovak Koruny) □

Other (please specify) ……………………….. □

7.7.2  Interest

7.7.2.1  Interest rate (claimed on the principal until payment is made):

   7.7.2.1. 1 % ………………………..
   7.7.2.1. 2 % above the base rate of the ECB(11) ………………………..

7.7.2.1.3  Statutory interest rate(12)

7.7.2.2  Interest to be collected as from (indicate date): ………………………..

7.7.2.3  Brief description of the basis of the interest rate claimed:

7.7.2.3.1  Statutory interest rate □

7.7.2.3.2  Interest rate agreed upon by the parties □

7.7.2.3.3  Interest rate of a loan taken out by the claimant at least in the amount of the principal claim □

   7.7.2.3.4 Other (please specify): ……………………….. □

7.7.3  Contractual penalties (**)(please specify): ……………………….. □

   7.7. 4 Total amount of the claim (please specify): ………………………..

8.  Costs (indicate the amount and the currency) ………………………..

8.1  Costs related to this procedure

8.1.1  Application fees: □

8.1.2  Fees of claimant's representative: □

8.1.3  Other (please specify): □

8.2  Pre-litigation costs (please specify): ……………………….. □

9.  Evidence available to justify the claim:

9.1  Written evidence (e.g. contract, invoice, written admission) □

Date of document:

Reference/identification number:

Amount stated on invoice:

In case of a contract, contract signed

In person □

By mail □

Electronically □

9.2  Testimonial evidence □

Name of witness: _______________

9.3  Expert evidence □

Name of expert or organisation:______________

Date of report: _____________________

9.4  Inspection of an object or site □

Location of object or site: ____________

Date of inspection: ________________

Name/authority having carried out the inspection: _______________

9.5  Other (please specify) □

10.  Grounds for the court's jurisdiction

10.1  Domicile of the defendant or co-defendant □

10.2  Place of performance of the obligation in question □

10.3  Domicile of the maintenance creditor □

10.4  Place of the harmful event □

10.5  In the case of a dispute arising out of the operations of a branch, agency or other establishment, the place in which the branch, agency or other establishment is situated □

10.6  Domicile of the trust

10.7  In the case of a dispute 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 could have been arrested □

10.8  Domicile of the policyholder, insured or the beneficiary in insurance matters □

10.9  Domicile of the consumer □

10.10  Place where the employee habitually carries out his work □

10.11  Place where the business which engaged the employee is situated □

10.12  Place where the immovable property is situated □

10.13  Choice of court agreed by the parties □

10.14  Other (please specify) ……………………….. □

11.  Cross-border nature of the case

………………………..

12.  Further information to the court (**)

………………………..

I declare that to the best of my knowledge the information provided is true and given in good faith.

I acknowledge that the submission of false information may give rise to sanctions.

Done at .......................... Date ...................

……………………

Signature and/or stamp

ANNEX A TO THE APPLICATION FOR A EUROPEAN ORDER FOR PAYMENT

In the event that the defendant enters a statement of opposition I wish the proceedings to be discontinued.

Done at .......................... Date ...................

……………………

Signature and/or stamp

(1) OJ C 221 , 8.9.2005 , p. 77 .
(2) Position of the European Parliament of 13 December 2005 .
(3) OJ C 12, 15.1.2001, p. 1.
(4) OJ L 124, 8.6.1971, p. 1.
(5) OJ L 12, 16.1.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 2245/2004 (OJ L 381, 28.12.2004, p. 10).
(6) OJ L 160, 30.6.2000, p. 37.
(7) OJ L 184, 17.7.1999, p. 23.
(8) OJ L 13, 19.1.2000, p. 12.
(9) OJ L 174, 27.6.2001, p. 25.
(10)* Five years after the date of entry into force of this Regulation.
(11) Interest rate applied by the European Central Bank to its main refinancing operations.
(12) In commercial transactions as referred to in Directive 2000/35/EC of 29 June 2000 , this is the sum of the interest rate applied by the European Central Bank to its most recent main refinancing operation carried out before the 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 shall be the equivalent rate set by its national central bank. In both cases the reference rate in force on the first calendar day of the half-year in question shall apply for the following six months (see Art. 3(1)(d) of Directive 2000/35/EC).

Last updated: 2 October 2008Legal notice