International law and proceedings

European order for payment: when can the procedure be useful?

Cross-border debt recovery does not always require ordinary contentious proceedings; in suitable cases the European order for payment procedure may be available.

Cross-border character

The procedure concerns civil and commercial monetary claims with a cross-border element. Jurisdiction and the nature of the claim should be assessed before the application is made.

Uncontested claim

The procedure is designed for claims that are not contested. If the defendant objects, the further route depends on the applicable procedural framework.

Documents and formulation

The amount, basis of the claim, interest, party details and jurisdictional basis should be stated accurately to avoid delay caused by formal deficiencies.

Enforcement abroad

Before starting, it is useful to consider where the debtor’s assets are located and what practical enforcement steps will be required in that country.

This article provides general information only and is not individual legal advice. The appropriate legal route depends on the facts and the law applicable at the relevant time.