Notification and opposition to the European order for payment: protect your rights

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The European order for payment transforms cross-border debt recovery. This procedure, governed by Regulation (EC) No 1896/2006, offers creditors a rapid solution. But there are crucial subtleties to its implementation, particularly in terms of notification and remedies.

Authorised notification methods

The regulation defines the methods by which the application for a european order for payment is brought to the attention of the debtor, distinguishing between two categories of notification:

1. Notifications with proof of receipt (article 13)

• Personal service with dated acknowledgement of receipt
• Service by a qualified agent
• Postal delivery with signed acknowledgement of receipt
• Electronic notification with dated confirmation

2. Notifications without proof of receipt (article 14)

• Delivery to the defendant's letterbox
• Service at the defendant's business address
• Post office deposit with written notification
• Electronic means with automatic acknowledgement

This diversity of accepted methods is a weakness of the system. The Court of Justice confirmed this in the Eco cosmetics (CJEU, 3rd Ch., 4 Sept. 2014, aff. C-119/13) that any notification that does not comply with the minimum standards prevents the normal procedures from being applied.

Service under French law: an option for security

France has opted for the most secure route. Article 1424-5 of the Code of Civil Procedure requires service by a bailiff. The document must contain, on pain of nullity :

• The court with jurisdiction to hear the opposition
• Time limit and forms of opposition
• Warning of the consequences of failing to lodge an objection

In the case of personal service, the bailiff must mention the oral transmission of essential information (art. 1424-6 CPC). This step strengthens the protection of the defendant.

Objections: procedures and deadlines

Opposition is the main form of recourse. It allows the defendant to contest the claim without giving reasons. However, there are other exceptional redress mechanisms or review, particularly in the event of irregular or late notification.

The time limit is 30 days from notification (art. 16 of the Regulation). In France, the opposition is filed by declaration at the registry or by registered letter (art. 1424-8 CPC).

A standard form F is provided, but its use is not compulsory. Recital 23 states that "the courts should take into account any other written form of opposition if it is clearly expressed"..

In its judgment in Goldbet (13 June 2013, Case C-144/12) that the opposition puts an end to the injunction proceedings and does not constitute an appearance within the meaning of the Brussels I Regulation.

Effects of the opposition and subsequent proceedings

If no opposition is lodged within the legal time limit, the European order for payment becomes enforceable. The procedures for obtaining this enforceability and its effective implementation are crucial steps for the creditor.

The Regulation as amended by Regulation (EU) No 2015/2421 now provides for two options when an opposition is filed:

1. Proceedings under the appropriate national civil procedure
2. Proceedings under the European Small Claims Procedure (if applicable)

Under French law, following opposition, the court registry summons the parties to a hearing by registered letter (art. 1424-10 CPC). The judgment replaces the injunction (art. 1424-12 CPC).

If none of the parties appear, the court will declare the proceedings terminated, rendering the injunction null and void (art. 1424-11 CPC).

The CJEU recently confirmed that an irregular notification can lead to the nullity of the European order for payment (CJEU, 5 Dec. 2024, aff. C-389/23).

The complexity of this procedure and national variations often necessitate a more detailed analysis. personalised legal analysis. To secure your cross-border debt collection procedures or effectively challenge an injunction, don't hesitate to contact us for an initial discussion.

Sources

• Regulation (EC) No 1896/2006 of 12 December 2006 creating a European order for payment procedure
• Code of civil procedure, articles 1424-5 to 1424-14
• CJEU, 3rd Ch, 4 September 2014, Eco cosmetics GmbH & Co KG v Virginie Laetitia Barbara DupuyCase C-119/13
• CJEU, 3rd Ch. 13 June 2013, Goldbet Sportwetten GmbH v Massimo SperindeoCase C-144/12
• CJEU, 5 December 2024, Case C-389/23
• Regulation (EU) n°2015/2421 of 16 December 2015 amending Regulation (EC) n°1896/2006

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