By Raphaël MORENON
28 March 2025
For 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. A mistake in determining which court has jurisdiction can result in the claim being declared inadmissible, precious time being lost and even the claim becoming time-barred. A two-tier system Determining which court has jurisdiction follows a two-tier logic: At international level: which courts in which Member States can be seized? At the national level: once the Member State has been identified, which specific court within that State has jurisdiction over the case? The rules of international jurisdiction For the first level, Article 6 of Regulation (EC) No 1896/2006 of 12 December 2006 refers to the European rules of general law, principally those...
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