The European order for payment is a standardized procedure that makes it possible to collect foreign claims. The European order for payment procedure can be used if both your organisation and the debtor are in an EU member state. All EU Member States (with the exception of Denmark) are connected to this procedure. The advantage of the European order for payment is that it is a simple, fast and cheap way to collect international claims.
How does the European Payment Order Procedure work?
As the creditor, you must complete a standard form in the European Order for Payment Procedure (Form A of Annex I to the EEW Regulation). This form is available in all official languages of the European Union. You must then send the completed form to the court together with the necessary supporting documents. The court then sends a payment order to the debtor. The debtor is given 30 days to respond if they do not agree with the claim. If the debtor does not respond within these 30 days, then the payment order becomes final. The payment order is then a valid and enforceable judgment that can be executed in every EU member state.
When can a European Payment Order be used?
A European payment order can be used for international claims that are not disputed. If the debtor comes up with a reason why they cannot pay the invoice, or if there is a discussion about the payment of the invoice, this procedure cannot be followed. In these cases, you usually have to conduct legal proceedings in your debtor's country to get your outstanding invoice paid.
Which court should I send the request to?
If you want to use the European Payment Order, you must send a request to the competent court. The judge competent to judge your dispute differs per situation. You can include a choice of forum clause in the terms and conditions and in the contract, which determines which court has jurisdiction. Have no prior agreements been made about this? Then the starting point is that the court in the place where your debtor resides has jurisdiction. That means that you must litigate abroad.
More information about collection abroad
Do you have a claim abroad that you would like to have collected? Then please contact us. Our international collection specialists and lawyers are happy to help you assess your case. We ensure that you still get what you are entitled to.