Applying for a European order for payment: practical aspects and forms

The 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 EU Member States.

Key stages in initiating the procedure

The application for a European order for payment follows a standardised procedure, using specific forms. This written procedure does not require a hearing, or even compulsory representation by a lawyer.

The applicant must first identify the competent court. In France, jurisdiction is vested in the judge of the tribunal d'instance in civil matters (article L. 221-7 of the code de l'organisation judiciaire) and in the president of the tribunal de commerce in commercial matters (article L. 722-3-1 of the code de commerce).

Form and content of the application: standard form A

Applications are made using form A attached to the regulation. This document, available in all the official languages of the EU, contains eleven tables to be completed and an explanatory note.

According to Article 7 of the Regulation, the application must contain :

• The identity and address of the parties and the court seised
• The amount of the claim (principal, interest, penalties, costs)
• The cause of the action, with a description of the circumstances
• A description of the evidence
• Skill managers
• The cross-border nature of the dispute

The Court of Justice of the European Union confirmed the restrictive nature of this list in its Iwona Szyrocka judgment of 13 December 2012 (Case C-215/11). National courts cannot require additional information.

Input methods: paper vs. electronic format

Article 7(5) of the Regulation states that applications may be submitted on paper or electronically. France accepts both methods.

More recently, an order dated 1 August 2017 authorised the implementation of an automated personal data processing system called "e-CODEX". This system enables the procedure to be introduced and monitored electronically.

"The application forms are delivered or sent by post to the court registry and are kept on file at the court registry. (Article 1424-2 of the Code of Civil Procedure)

Essential information to be provided in the application

The claimant must complete the form in French for French courts. However, French courts may "accept a standard form drafted in a foreign language, provided that it is completed in French" (Circular DACS C3 06-09 of 26 May 2009).

For claims with interest, the CJEU has clarified that the claimant may claim interest for the period from the date it became due to the date of payment of the principal (CJEU, 1st Ch., 13 December 2012, Case C-215/11).

Description of the evidence: an important specificity

Unlike some procedures, the claimant does not have to produce evidence in support of his claim. Article 7§2(e) only requires a "description of the evidence".

This feature, inspired by the "no evidence" or "non-documentary" model (used in Germany and Austria in particular), contrasts with the traditional French model of injonction de payer, which generally requires supporting documents.

This is a critical point: the injunction is issued on the basis of the claimant's statements alone, with limited review by the court. The defendant is informed of this in the injunction form.

Applicant's options in the event of an objection

The application includes two appendices, which are not communicated to the defendant. The second enables the plaintiff to anticipate a possible opposition by the defendant (article 7§4).

There are three options:

1. Terminating proceedings in the event of opposition
2. Proceedings under the rules of the European Small Claims Procedure
3. Proceed according to the rules of an appropriate national civil procedure

Amending Regulation (EU) No 2015/2421 of 16 December 2015 strengthened the link between the European order for payment procedure and the small claims procedure.

Declaration of truthfulness and liability

The applicant must declare that the information provided is accurate and recognise that any intentional misrepresentation could give rise to penalties under the law of the Member State of origin (Article 7(3)).

This reference to national legislation is a limitation on the standardisation of the procedure. The penalties incurred vary from one Member State to another, which may encourage forum shopping.

Transmission and processing of requests

Once completed, the application is examined "as soon as possible" by the competent court (Article 8). This examination may be carried out using an automated procedure, as is the case in Germany and Austria.

If the conditions are not met, the court may ask the claimant to complete or rectify the claim (Article 9).

For companies that regularly have debts to recover in different Member States, mastering this European procedure can save considerable time and money. Don't hesitate to contact our firm to assess whether a European order for payment is the best option for your case.

Sources

• Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure
• Code of Judicial Organisation, article L. 221-7
• French Commercial Code, article L. 722-3-1
• Code of civil procedure, articles 1424-1 to 1424-15
• CJEU, 1st Ch. 13 December 2012, Iwona Szyrocka v SiGer Technologie GmbH, Case C-215/11
• Order of 1 August 2017 authorising the implementation of automated processing of personal data called "e-CODEX"
• DACS circular C3 06-09 of 26 May 2009 on the application of Regulation (EC) No 1896/2006
• Regulation (EU) No 2015/2421 of 16 December 2015 amending Regulation (EC) No 1896/2006