European procedures

A procedure for each case

The EU has set up two procedures:

• order for payment: covers cross-border monetary claims and uses standard forms. If the payment order issued within this procedure is not opposed by the defendant within prescribed time-limits, it becomes final and can be enforced in each Member State as if it would be an order issued in this Member State. If however the defendant opposes the payment order, the case could only be heard within the relevant national civil proceedings.

• small claims procedures: this is in principle a written procedure for claims of up to EUR 2 000 (excluding interest) and it uses standard forms. It aims to keep the process as short and simple as possible. Under the Small Claims Regulation [227 KB] , the authorities of your EU country are required to give you assistance to help fill in the forms.

Apply for the European Payment Order

To apply for European Order for Payment (EPO), you have to find out the court that is competent for your claim and you must fill in 'Form A' in a language that is used in the court to which you will send it.

You must give the name and address of the parties , explain your case , make clear it is a cross-border claim and describe the evidence which supports the claim.

You must send your application to the competent court, in most cases by registered mail; however some courts accept other forms, like fax or e-mail.

The European Payment Order, step-by-step

The court will examine your application. If you have filled in the form correctly and replied to any requests for further information, the court should issue the EPO within 30 days.

The EPO will now be served on the defendant by the court. He/she has 30 days to lodge a statement of opposition to the EPO. If this happens, the case can be transferred to the normal civil law courts to be dealt with under national law.

If there is no statement of opposition by the defendant, the EPO will become automatically enforceable. The only reason that enforcement in another EU country can be refused is if it is irreconcilable with another judgment, in the other EU country, between the same parties.

If the order became enforceable but the defendant did not pay, you must send a copy of the EPO , and if necessary a translation, to the enforcement authorities of the EU country where you are trying to enforce the claim (where the defendant or his/her assets are).

Small claims procedures, step-by-step

You must fill in your details and state your claim in ' Form A'. If you have relevant supporting documents, such as receipts, invoices, etc., attach these to the application form.

Once the court receives your application form , it must fill in its part of the ' Answer Form'. Within 14 days of receiving your application form, the court should serve a copy of it, along with the Answer Form, on the defendant. The defendant has 30 days to reply, by filling in his/her part of the Answer Form. The court must send a copy of any reply to you within 14 days.

Within 30 days of receiving the defendant's answer (if any), the court must either give a judgment on your claim, request further details in writing from either party, or summon the parties to an oral hearing. If there is an oral hearing, you do not need to be represented by a lawyer.

Once the decision is issued in your favour, you can ask the court to fill in ' Form D' for which no fee is payable. With this form and a copy of the judgment, your judgment is enforceable in any EU country, without any further formalities. The only reason that enforcement in another EU country can be refused is if it is irreconcilable with another judgment, in the other EU country, between the same parties.