What is it?
Amongst other things, if a person in the UK has been to court in his home country and has been successful in litigating a particular action and the party who has been ordered to pay damages fails to do so – the EU has developed mechanisms whereby the creditor can issues a warrant in compliance with his national civil procedure rules for recovery in the nation of that of the debtor. This all sounds complicated. We assure you it is not and can be done by the consumer themselves.
European Order for Payment Procedure (EOP)
The EOP makes it easier and quicker for creditors to recover uncontested monetary debts in cross-border cases i.e. where one of the parties lives in a different EU Member State from where the case is to take place.
The procedure operates on the basis of standard forms and a uniform process across all EU member states. It can be used in both civil and commercial matters and does not require the use of lawyers. The procedure is optional and can be used instead of existing procedures under national law.
A creditor who obtains an order using this procedure will not have to undertake intermediate steps to enforce the decision in another EU Member State.
The forms required to obtain a European Order for Payment can be obtained from the European Commission’s Judicial Atlas website
European Small Claims Procedure (ESCP)
From 1 January 2009 The European Small Claims Procedural provides consumers and businesses all over Europe with a uniform, speedy and affordable debt recovery process for low value claims in cross-border cases.
The procedure will apply in civil and commercial matters where the value of a claim does not exceed 2000 €uro. The procedure applies to monetary claims as well as to non-monetary claims.
The ESCP introduces standard forms to be used by the parties and the court across the EU and establishes time limits for the parties and for the court in order to simplify and speed-up litigation concerning small claims.
European Enforcement Orders (EEO)
An EEO provides a simpler method for enforcing your uncontested judgment in another country within the European Union. But if the claim becomes a defended claim you must follow the normal rules of the court for enforcing a judgment abroad.
Last modified: August 24, 2015