Debt recovery in Europe: order for payment and settlement of small claims

Verified 08 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)

A person owes you money (unpaid bill, unquestionable debt...) and you can't get payment, you can ask the judge for an order to pay. The European order for payment is a simplified procedure based on the use of standard forms. For disputes not exceeding €5,000, there is a simplified procedure for the settlement of small claims. We give you the information you need to know.

Order to pay

The European order for payment allows for to pay off a debt when the debtor refuse to pay. It's a legal proceeding free which does not require a court appearance. The creditor make an application using a standard form to be sent to the court. The procedure is proceeding without further intervention by the Commission. It is a simplified and accelerated procedure applicable to cross-border claims (excluding Denmark) not contested by the debtor.

A European order for payment may be requested:

  • In all countries of the European Union except Denmark
  • In civil and commercial matters
  • In cross-border disputes. These are disputes in which one of the parties has a claim domicile or its residence habitual in a country other than the country of the court seised.

FYI  

She cannot be used in fiscal, customs or administrative matters, State responsibility and social security. Nor may it be used in disputes relating tomatrimonial property regimes, estates and bankruptcies.

The claim for which payment is claimed must satisfy the following conditions:

  • Originating from a contract
  • Be certain, liquid and payable, i.e. it cannot reasonably be contested by the debtor. It must have expired and its amount must be determined.
  • Not be prescribed.

The European order for payment may be applied for irrespective of the amount of the claim.

Lodging of the application

The applicant must submit the application using the form A.

European order for payment

The European Judicial Atlas allows to know on which medium the application can be submitted.

It can also determine in what language draw up the application (official language of the executing Member State, unless it accepts another official language of the European Union).

The court having jurisdiction shall in principle be the of the place of domicile of the defendant. Other criteria of competence may be applicable, for example the place of the building concerned by the claim.

Please note

An application against a consumer must be made before the court on which the consumer's domicile depends.

The applicant is not required to attach supporting documents with the form.

The court or tribunal may request that the request be supplemented or corrected within a time limit which it shall lay down.

Issuance of a European order for payment

The court seised shall examine the application.

If Form A is properly completed, it shall issue the European order for payment using Form E.

The court shall issue the injunction as soon as possible. In principle, this is a time limit of 30 days as from the date of the examination of the application.

The European order for payment is served or notified to the defendant in accordance with the rules of national law of the country where service is to be effected.

If the defendant does not opposition on time, it becomes enforceable.

Rejection of a European order for payment

The court or tribunal may reject the application by means of form D in particular if the claim is unfounded (prescribed or unpayable debt...).

The applicant shall be informed of the reasons for the rejection.

There's no no call possible.

The applicant may introduce a new application European order for payment.

The defendant has 30 days after the notification or the significance to form an opposition.

FYI  

The day of service shall not count in the calculation of the time limit. If the time limit ends on a public holiday, Saturday or Sunday, the time limit ends on the expiry of the last hour of the working day next.

To form an opposition, the defendant shall use the standard form (form F) which is transmitted to him with the order for payment.

European order for payment

He may also lodge an objection by letter or by any other means of communication accepted by the home Member State (e.g. by electronic means).

The dispute shall be examined by the court which issued the European order for payment.

If no opposition is lodged within the period of 30 days, the European order for payment shall be declared enforceable. For this, the court sends the G form to the applicant.

The European order for payment may be enforced directly in any EU country.

Small dispute

For cross-border disputes (outside Denmark), there is a European Small Claims Procedure. It shall apply to debtors’ claimsa maximum amount of €5,000. The lawyer is not obligatory.

A small claims procedure may be initiated:

  • In all EU countries except Denmark
  • In civil and commercial matters
  • In cross-border disputes. These are disputes in which one of the parties is domiciled or habitually resident in a country other than the country of the court seised.

This procedure can be used in the following situations:

  • To get the payment of a claim from a contract. The amount of the debt must be entered in the contract. Examples include a purchase from a merchant, a loan, an unpaid invoice, a bank overdraft, or an unpaid rent. The claim shall not be prescribed. It must have expired and its amount must be determined
  • To compel a person to perform a contract (e.g. obtain delivery of goods)
  • To obtain compensation for damage.

In all three cases, the amount of the dispute must not exceed €5,000 excluding fees and interest.

FYI  

this procedure is excluded in some areas. e.g. tax, customs and administrative matters, State responsibility, status and capacity of persons, maintenance claim, matrimonial property regimes, wills, succession.

The application is made using the form A to which must be attached the necessary supporting documents (purchase order, invoice, letters exchanged between the parties, expert opinions...).

Small claims settlement in Europe

The form and supporting documents shall be submitted in the language of the court seised or in any other language accepted by the court.

The amount of the dispute must be converted to the currency used by the court seised.

The lawyer's not not obligatory.

The appearance of parts is not necessary before the court. However, a hearing may be held at the request of the parties or of the court.

FYI  

in most member countries, graft shall be paid to the court for the initiation of proceedings. The amount of these duties varies.

Territorial jurisdiction

The court with jurisdiction is generally either the court of the place where the applicant, or the court of the place where the defendant.

The European Judicial Atlas helps find the court with jurisdiction.

Please note

An application against a consumer must be made before the court on which the consumer's domicile depends.

Transmission of the form and supporting documents

The form and supporting documents must be sent to the court by post or by any other means of communication accepted by it. It can also be dropped off on site.

The European Judicial Atlas lets you know how the request can be transmitted.

Verification by court

The court or tribunal shall verify the following:

  • The form is properly filled out
  • Supporting documents shall be attached
  • The request falls within its jurisdiction
  • The request is well founded.

In the event of a problem (on jurisdiction, the basis of the application...,), the court shall inform the applicant by means of the form B.

The court or tribunal shall require the claimant to correct the claim within a certain period.

If the time limit is not respected, the court or tribunal may reject the application or exceptionally grant an additional time limit.

Communication of the application between the parties

The court has 14 days upon receipt of Form A to forward a copy of the application to the defendant.

This communication shall be made by notification or significance of the form C which shall be accompanied by a copy of the applicant's supporting documents.

Small claims settlement in Europe

The defendant has 30 days (unless exceptionally extended) from the date of notification or service of reply. He may admit the application or contest it in whole or in part.

If he does not reply, the court shall rule on the application.

If he replies within the deadline, he may use Form C or reply by any other means. His reply may be accompanied by supporting documents.

Small claims settlement in Europe

A copy of the reply and the defendant's supporting documents shall be sent to the applicant within 14 days. The applicant shall have a further period of 30 days to answer.

Request for Hearing

If it considers it necessary for the purpose of resolving the dispute, the court shall decide whether or not to hold a hearing.

If a hearing is to be held, the court city the parties to appear and the hearing must be held within 30 days.

The court may decide that the presence of either party is not necessary. It can hold a hearing by video conference or any other communication technology.

Decision

The court or tribunal shall give its decision within 30 days from the hearing or after receipt of all the information necessary for a decision.

The court notify or means the decision to all parties.

The decision is enforceable even if an appeal is lodged.

Enforcement of the decision

The creditor who obtains a judgment in his favor (the legal creditor) can have him executed if the debtor does not execute spontaneously.

The legal creditor shall produce a copy of the decision and a certificate relating to the decision, which it requests by means of the form D.

Small claims settlement in Europe

This form shall be completed by the court and returned to it.

The execution of the decision or its adjustment (request for a time limit, temporary suspension...) is done according to the law of the Member State where the decision is to be executed.

Whether there is a remedy against the decision depends on the legislation of each Member State.

The defendant may apply for review of the decision. He has a deadline of 30 days from the day on which he actually became aware of the decision.

Such a review may be requested only after having exercised the remedy provided for by the Member State.

A review of a decision is possible in the following situations:

  • The respondent did not receive the application form
  • The defendant was not summoned to appear in time to prepare his defense
  • The defendant was unable to contest the claim for reasons beyond his control (e.g. hospitalization).

The court or tribunal may reject the request for review.

If she accepts it, the decision is overturned. The creditor must then start a new procedure.

The following costs may be incurred by the parties:

  • Registry fees for initiating proceedings, due in most member countries
  • Hearing costs
  • Additional costs (in case of intervention of lawyer, witnesses, experts or videoconference during the hearing...).

In principle, the party who loses the trial must pay the other party the costs of the proceedings assessed by the court.

Costs of enforcement of the decision (e.g. costs of the Commissioner of Justice) may also be due.

Who can help me?

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