European Order for Payment

What is the European Order for Payment procedure and how can I use it?

The European Order for Payment (EOP) procedure can be used in uncontested cross-border civil and commercial claims if you have a conflict with a trader in another EU country. Read on to find out how and when you can avail of the EOP procedure.

EU Regulation 1896/2006

The EU Regulation 1896/2006 creates a European order for payment procedure for claims not contested by the defendant. It simplifies, speeds up and reduces the costs of litigation in cross-border cases. The procedure is recognised and carried out in all EU countries except Denmark. It does not require a separate statement (declaration of enforceability).

European Order for Payment procedure

  • The EOP is available for cross-border cases with an entrepreneur in any EU member state except Denmark concerning uncontested pecuniary claims, which are due at the time of submission. Your claim must emerge from civil or commercial matters.

    You can use the EOP for your main claim as well as principal interests, contractual penalties, and costs. If you want to claim interest, you will have to indicate both the interest rate and the period for which you claim interest.

  • Revenue, customs, and administrative matters as well as cases involving state liability. Furthermore, some matters that could potentially be referred to as ‘civil’ or ‘commercial’ are explicitly exempted from the EOP procedure — e.g. bankruptcy or proceedings relating to the winding up of insolvent companies. Lastly, claims arising from non-contractual obligations are only covered by way of exception — namely, when they are subject of a particular agreement between the parties involved (e.g. an admission of debt) or relate to liquidated debts arising from joint ownership of property.

  • You need to fill out the standard claim Form A that is available in all official languages of the European Union (except for Irish). You must then send the filled out document directly to the competent court. To determine the member state where the competent court is located, please contact your national European Consumer Centre.

    The procedural law of the member state where the competent court is located determines which languages the competent court accepts. If the procedural law of the member state where the competent court is located requires you to pay court fees, you should do so.

  • After you have successfully submitted your application, the competent court will examine it.

    If your application meets all the necessary requirements, the court will issue a European Order for Payment within 30 days upon receipt of the application. The defendant will be informed about their options, particularly the possibility to oppose the order by lodging a statement of opposition. Should the defendant decide to do so within the set time limit — 30 days upon receipt of the European Order for Payment — an ordinary civil procedure will be initiated unless you have expressly requested the proceedings to be terminated in that event. Otherwise, the competent court will be determined in accordance with the civil proceedings law of the member state that has jurisdiction over the case.

  • If the competent court issues a European Order for Payment and the defendant does not oppose it by lodging a statement of opposition within the set period of 30 days, the issuing court will declare the European Order for Payment enforceable. It will then send the enforceable payment order to you.

    All EU member states — except Denmark — recognise a European Order for Payment, and you will be able to enforce it. If you need to enforce the payment order in another member state, its national laws will apply to the enforcement procedure.

    You will have to advance the costs of the enforcement procedure.

Where can I get assistance and advice?

The European Consumer Centres Network provides free legal advice and support on cross-border purchasing issues. It can also help consumers deal with disputes relating to travelling in the EU, Norway, and Iceland. If you have tried to resolve a dispute with a business to no avail, click here to contact your local ECC and submit an enquiry.

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