PURPOSE: to assess the application of Regulation (EC)
1896/2006 of the European Parliament and of the Council creating a
European Order for Payment Procedure.
CONTENT: the Commission presents a report on the
application of Regulation
(EC) 1896/2006 of the European Parliament and of the Council
creating a European Order for Payment Procedure, which is the first
true European civil payments procedure. It has been applied since
December 2008 in all Member States except Denmark. The procedure is
an optional procedure that can be used in cross-border cases as an
alternative to domestic payment orders. The procedure allows
creditors to recover uncontested civil and commercial claims
according to a uniform procedure available in 27 Member
States.
General assessment of the Regulation: the Commission considers that, overall,
the objectives of the Regulation to simplify, speed up
and reduce the costs of litigation in cases concerning uncontested
claims and to permit the free circulation of European payment
orders in the EU without exequatur was broadly
achieved, though in most Member States the procedure was only
applied in a relatively small number of cases.
From the studies and consultation carried out, it
appears that there have been no major legal or practical
problems in the use of the procedure or in the fact that
exequatur is abolished for the recognition and enforcement of the
judgments resulting from the procedure. The report reviews the
existing case-law.
Between 12,000 and 13,000 applications for
European orders for payment are received by the courts of Member States per year. The highest
numbers of applications (more than 4,000 annually) are in Austria
and Germany where also most European orders for payment are issued.
Between 300 and 700 applications are received annually in Belgium,
the Czech Republic, France, Hungary, the Netherlands, Portugal and
Finland. In the other Member States, the procedure has been taken
up to a more limited extent.
The Commission considers that the application of the
Regulation has generally improved, simplified and accelerated the
handling of uncontested pecuniary claims in cross-border disputes.
In the light of this, it is therefore considered not
appropriate at this time to change the fundamental parameters of
the European procedure.
Awareness of the existence and operation of the
procedure: a 2010 Eurobarometer
showed that awareness and use of the European procedures including
the European order for payment procedure among citizens
is relatively low: only 6 % of those asked had
heard about the European order for payment procedure. The
Commission states that further awareness-raising is
necessary, both at European and at Member State level.
Efficient and active promotion of the Regulation should take place,
providing the general public and professionals with information on
the European order for payment procedure.
Electronic submission of the application:
many Member States allow the electronic
submission of the application (Czech Republic, Germany, Estonia,
France, Lithuania, Austria, Slovenia, Slovak Republic, Finland,
Sweden, UK, Cyprus) or envisage developing electronic processing in
the future in all courts having jurisdiction to deal with the
European order for payment procedure (Ireland, Italy, Malta,
Portugal). Following a Commission study on the feasibility of
electronic application for European payment orders, a pilot
project on this issue is being co-funded by the Commission.
Nine Member States are participating in the e-CODEX pilot for the
European order for payment procedure.
In addition, the operation of the Regulation
may be improved through non-legislative and implementation
measures. The Commission will use the cooperation
mechanism of the European Judicial Network in Civil and
Commercial Matters in a proactive manner to improve the
implementation and promote the take-up of this useful
instrument.
On-line claims: the
Commission considers that the operation of the procedure could
further be improved by ensuring its electronic processing. Many
Member States allow the electronic submission of the application
(Czech Republic, Germany, Estonia, France, Lithuania, Austria,
Slovenia, Slovak Republic, Finland, Sweden, UK, Cyprus) or envisage
developing electronic processing in the future in all courts having
jurisdiction to deal with the European order for payment procedure
(Ireland, Italy, Malta, Portugal).
Following a Commission study on the feasibility of
electronic application for European payment orders, a pilot project
on this issue is being co-funded by the European Commission. Nine
Member States are participating in the e-CODEX pilot for the
European order for payment procedure.
Merits of a centralised system: Member States are encouraged to give further
consideration to the suitability of centralisation of the handling
of cases under the procedure. Five Member States have concentrated
jurisdiction to handle European orders for payment in a single
specific court/authority. In the other Member States, district and
regional courts (or notaries for instance in Hungary) are competent
for issuing European orders for payment. Overall, the data on the
use of the procedure as to whether a centralised system leads to a
more frequent use of the procedure are inconclusive. Nevertheless,
in the light of the written and non-adversarial nature of the
procedure, where no debate on the substance of the claim takes
place, and which is thus particularly suited for electronic
processing, the European order for payment procedure does appear
better suited for centralised court handling than other procedures
which require a debate on the substance and consideration of
evidence.