Payment order
From application to delivery: the court's role in the European order for payment procedure
By Raphaël MORENON28 March 2025Are you planning to recover a debt from a debtor established in another Member State of the European Union? The European order for payment procedure could be the right solution for you. But what exactly does the judge hearing such an application check? How does he assess your case? The judge's review: a cursory examination One of the essential features of the European order for payment procedure is the limited control exercised by the judge. According to Article 8 of Regulation (EC) No 1896/2006, the court simply examines "whether the claim appears to be well-founded". This wording clearly reflects the intention of the European legislator: to allow a summary, non-in-depth examination of the merits of the claim. The regulation even specifies that this examination "may be carried out by means of an automated procedure", as is already the case in Germany and Austria. Scope of the check: what does the...
Scope of the European order for payment: who can use it and for what claims?
Injonction de payer, Civil procedureCollecting cross-border debts is often a tricky business. The European Union has created a powerful tool for creditors: the European order for payment. Regulation (EC) No 1896/2006 of 12 December 2006 establishes this simplified procedure, but its use requires a precise understanding of its scope of application. The material scope:...Notification and opposition to the European order for payment: protect your rights
Injonction de payer, Civil procedureThe European order for payment is transforming the recovery of cross-border debts. This procedure, governed by Regulation (EC) No 1896/2006, offers creditors a rapid solution. However, there are crucial subtleties to its implementation, particularly with regard to notification and redress. Authorised methods of notification The regulation...The European order for payment: an effective tool for cross-border debt collection
Injonction de payer, Civil procedurehtml Are you the owner of a French SME with a German customer who hasn't paid his invoice for €12,000 for three months? Do you sell products online to Spanish consumers who are accumulating unpaid bills? The European payment order could be the solution. The problem of...Applying for a European order for payment: practical aspects and forms
Injonction de payer, Civil procedureThe European order for payment is an effective tool for recovering uncontested cross-border debts. Created by Regulation (EC) No 1896/2006, this procedure considerably simplifies the recovery of debts between companies or individuals located in different Member States of the European Union. The key stages in initiating the procedure The...Exceptional remedies and protection of the defendant in the European order for payment procedure
Injonction de payer, Civil procedureCross-border debt recovery in Europe has been considerably simplified thanks to the European order for payment procedure. However, this increased efficiency for creditors raises a legitimate question: how can defendants be protected against potential abuse or error? The procedure provides for specific protection mechanisms,...Who will decide my dispute? Determining which court has jurisdiction in European order for payment cases
Injonction de payer, Civil procedureFor any creditor seeking to recover a cross-border debt, the European order for payment procedure offers an attractive solution. But before initiating this procedure, a preliminary question arises: which court should be seised? This is not an insignificant question. An error in determining which court has jurisdiction may result in the case being inadmissible...Recent reforms to the order for payment procedure: a new impetus for debt collection
Injonction de payer, Civil procedureInjunctions to pay are a fundamental tool for creditors wishing to recover their debts quickly. This procedure has recently undergone substantial changes designed to modernise it and make it more effective. Let's take a look at these changes, which are reshaping the debt collection landscape in France. The reform of the...Understanding injunctions to pay: foundations and applications
Injonction de payer, Civil procedureStuck with a customer who refuses to pay? An injunction to pay could be your solution. This procedure, which is little known to the general public, is nevertheless an effective way of recovering the sums owed without getting involved in an interminable legal battle. Definition and objectives of an order for payment An order for payment is a procedure...The order for payment procedure: stages and competent courts
Injonction de payer, Civil procedureThe injonction de payer is an effective tool for creditors seeking to recover uncontested debts. This fast-track procedure makes it possible to obtain a writ of execution without going to court. Let's take a look at the key stages of this procedure. Jurisdiction Jurisdiction of attribution Jurisdiction to hear applications for injunctions to pay...Opposition in order for payment proceedings: how to regain control
Injonction de payer, Civil procedureAn injunction to pay enables a creditor to quickly obtain an enforceable title without an initial adversarial debate. This procedure, which is effective for recovering debts, may seem unbalanced for the debtor. The legislator has therefore provided an essential mechanism: opposition. This right restores the procedural balance by allowing the debtor to...Injunction to pay: when a writ of execution turns a debt into gold
Injonction de payer, Civil procedureThe order for payment procedure often remains mysterious until its final stage: the signing of the formule exécutoire. This is when a simple piece of paper becomes a formidable legal weapon. The executory clause: the creditor's key word An imperative deadline The creditor has a period of one month...Specific payment order procedures: accelerated collection procedures
Injonction de payer, Civil procedureThe injunction to pay is a valuable tool for recovering debts. But did you know that there are specific procedures adapted to certain situations? These variants deserve our attention because they offer substantial strategic advantages. 1. An injunction for the recovery of co-ownership charges A system dedicated to the recovery of...The enforcement of the European order for payment: from enforceability to effective enforcement
Injonction de payer, Civil procedureObtaining an enforcement order does not guarantee payment. The creditor's journey does not end with the European order for payment (EOP) - it really begins at this stage. Between legal obstacles and practical difficulties, cross-border enforcement remains a path strewn with pitfalls for European creditors. Acquiring force...Order for payment and debt purchase
Injonction de payer, Civil procedureAn order for payment is a simplified debt recovery procedure. In some cases, these orders can be contested at a very late stage. What happens if a debt is assigned between the time the order is issued and the time it is contested? Late opposition to an order for payment The order for payment procedure is a simplified procedure for...Opposition to an order for payment in brief
Injonction de payer, Civil procedureOpposition to an order for payment is a simple procedure that you need to understand to protect your interests. What is an order for payment? An order for payment is a simplified procedure that enables a creditor to obtain a writ of execution enabling him to recover a debt.Proof of service of an order for payment
Injonction de payer, Civil procedureThe primary aim of the order for payment procedure is to surprise. First we condemn, then we discuss. Eventually. In many cases, the discussion does not begin until an enforcement order is issued, such as a summons to pay for the purposes of seizure and sale. That's when the element of surprise really kicks in...
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