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