European Order for Payment Procedure April 22nd, 2008 Mgr. Petra Novotna.

Slides:



Advertisements
Similar presentations
New challenges for legal practitioners in cross-border succession matters Claire-Agnès Marnier DG Justice.
Advertisements

Chasing after debtors The Review of Brussels I Regulation and transparency of debtors assets Chris Pitt-Lewis December 2011.
European payment order Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment.
The European Small Claims Procedure and other EU Instruments: Why is it useful to choose the European Small Claims Procedure? Elena DAlessandro University.
EFFECTS ON OTHER PROCEEDINGS AGAINST OR BY THE DEBTOR CREDITOR RIGHTS DR MAREK PORZYCKI European Insolvency Regulation.
International insolvency law – basic principles within the European union.
European Enforcement Order for uncontested claims
The new directive on combating late payment
Die Justiz des Landes Nordrhein-Westfalen International Exchange of Experience on Insolvency Law (IEEI): 11th Colloquium, Prague, May 19 – 21, 2010 Judicial.
Taking of evidence within the European Union Council regulation no 1206/2001 on cooperation between the courts of Member States in the taking of evidence.
The Brussels II Regulation The jurisdiction of courts.
RECOGNITION and ENFORCEMENT in CIVIL and COMMERCIAL MATTERS A.A.H. van Hoek 2003.
INTRODUCTION INTO PRIVATE INTERNATIONAL LAW OF THE EUROPEAN UNION Marko Jovanovic, LL.M. MASTER IN EUROPEAN INTEGRATION Private International Law in the.
Unit 8: The European order for payment procedure and the European small claims procedure Dr. Matthias Frey Head of the Municipal Court.
International Treaty in EU PIL
EU: Bilateral Agreements of Member States
EU: Bilateral Agreements of Member States. Formerly concluded international agreements of Member States with third countries Article 351 TFEU The rights.
Consumer Collective Actions in Cross-Border Claims LAURA CARBALLO PIÑEIRO (USC) 1.- Consumer collective actions: diversity 2.- Problems on recognition.
Electronic evidence in Spanish civil procedure: where wishes clash against reality Julio Pérez Gil Universidad de Burgos.
European payment order Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment.
Judicial Cooperation in civil matters Jurisdiction of courts Brussels I Regulation.
EFFECTS ON OTHER PROCEEDINGS AGAINST OR BY THE DEBTOR CREDITOR RIGHTS DR MAREK PORZYCKI European Insolvency Regulation.
European civil procedure law Judicial cooperation in civil matters
16. POLISH INTERNATIONAL INSOLVENCY LAW PROVISIONS APPLICABLE IN NON-EU CASES DR MAREK PORZYCKI International Insolvency Law.
Dr Marek Porzycki.  Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (1968) – Member States of the.
UNITS 1 and 2: THE EUROPEAN JUDICIAL AREA IN CIVIL AND COMMERCIAL MATTERS. THE JUDGE IN THE CONSTRUCTION OF THE EUROPEAN JUDICIAL AREA Joaquín Delgado.
UNIT 3: The Principle of Mutual Recognition: trust as the pillar of the construction of the Judicial Area. Brussels I: Regulation 44/2001, of 22 December.
European Enforcement Order for uncontested claims JUDr. Radka Chlebcová.
Small claims procedure Regulation (EC) No 861/2007of European Parlament and of the Council of 11 July establishing a European Small Claims Procedure (OJ.
Discussion “International Cooperation: Service of Documents, Taking of Evidence” – Practical Implementation of Regulations No 1393/2007 and No 1206/2001.
REGULATION (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure S. Laganovskis.
Taking of evidence within the European Union Council regulation no 1206/2001 on cooperation between the courts of Member States in the taking of evidence.
European civil procedure law Judicial cooperation in civil matters.
First thoughts on an electronic European order for payment procedure Bartosz Sujecki, Molengraaff Instituut, University of Utrecht, Netherlands 5 th eJustice.
Planning appeals Peter Ford Head of Development Management Planning Committee Training – 30 th July 2015.
Post-Grant & Inter Partes Review Procedures Presented to AIPPI, Italy February 10, 2012 By Joerg-Uwe Szipl Griffin & Szipl, P.C.
Appeals in patent examination and opposition in Germany Karin Friehe Judge, Federal Patent Court, Munich, Germany.
European Private International Law JUDr. Tereza Kyselovská.
Law Enforcement in the EU Tamás Molnár The European Commission Directorate General for Health and Consumers ODR Conference Vienna.
Summary Judgment and Summary Adjudication LA 310.
RECOGNITION AND EFFECTIVENESS OF INSOLVENCY PROCEEDINGS DR MAREK PORZYCKI European Insolvency Regulation.
Civil Tort Law Trial Procedure Civil Remedies (Tort Action)
Cross-border Cooperation of Judges Andrej Kmecl. Cross-border Cooperation of Judges Different aspects of judicial cooperation in environmental cases:
European Model(s) of Protective Measures in Cross-Border Maintenance Debt Recovery Mirela Župan Professor at Faculty of Law University of Osijek Croatia.
Dr Marek Porzycki.  the debtor has some assets abroad  the debtor has creditors abroad  the debtor carries out his activities on a cross-border basis.
Chapter Twelve. The Automatic Stay—11 U.S.C 362 After reading this chapter, you will be able to: Describe litigation that occurs in the bankruptcy system.
Civil Law Civil Law – is also considered private law as it is between individuals. It may also be called “Tort” Law, as a tort is a wrong committed against.
European enforcement order for uncontested claims Regulation n. 805/2004 of the European Parliament and of the Council of April
Are Judicial Procedures in the European Union Really Simple? The European Order for Payment (EB Nr.1896/2006) and the European Small Claim (EB Nr. 861/2007)
The Community Trade Mark (CTM) System. The Legal Framework Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark Council Regulation.
ARBITRATION ACT. Challenge of arbitrator The appointment of an arbitrator may be challenged on the issues of – (i) impartiality, – (ii) independence,
Debts Recovery in Romania. INTRODUCTION Recovering a debt can be a complex process everywhere, for every business, regardless of the industry. The Romanian.
European Small Claim and European Payment Order Procedures: Advantages and Drawbacks Lawyer Dr. Laura Gumuliauskienė.
Effects on other proceedings against or by the debtor. Creditor rights Dr Marek Porzycki.
Private International Law Sciences Po Paris Spring 2017
Civil Tort Law Trial Procedure Civil Remedies (Tort Action)
Support of the foreign language profile of law tuition at the Faculty of Law in Olomouc CZ.1.07/2.2.00/
Recognition and enforcement of foreign judgments and arbitral awards in Russia Roman Zaitsev, PhD, Partner 05/09/2018.
EUROPEAN PRIVATE INTERNATIONAL LAW: CASE C-283/16
INTRODUCTION INTO PRIVATE INTERNATIONAL LAW OF THE EUROPEAN UNION
ICN | The interplay between private enforcement and leniency policy
Function of the International Court of Justice (ICJ):
European Insolvency Regulation
Prof. Elena D’Alessandro University of Turin
European private international law
Private International Law
EUROPEAN PRIVATE INTERNATIONAL LAW
European account preservation order and national instruments
Gordon HUMPHREYS Chairperson of the 5th Board of Appeal
Presentation transcript:

European Order for Payment Procedure April 22nd, 2008 Mgr. Petra Novotna

Order for payment - concept Procedure unknown to the common law countries, exists in most European countries national law Various names: Mahnverfahren, injoction de payer, injunction to pay Creditor needs a court decision to recover a debt via enforcement proceedings because the defendant is unable or unwilling to pay (e.g. no dispute about the sum)

Basic explanation court in a written proceeding issues an ex parte order based on the allegations of (or evidence) the plaintiff Defendant-debtor has to start the proceeding with a hearing and taking of evidence, debtor has to object on time (that complies with art. 6 ECHR fair trial requirement) Without objection the order becomes final and enforceable

Reasons Regular oral proceedings is most valuable for the taking of evidence, participation of parties, exercise of their rights, public observes = control function BUT For finding out whether defendant contests a claim, a written procedure is more appropriate – saves time, effort and costs, relieves the court, standardised decision form (use of computers)

Two basic models "evidence" model - claimant is required to produce written evidence to substantiate the claim, which is examined by a judge; "no evidence" model - courts do not assess the claim's validity. Whenever a claim is admissible and satisfies the basic formal requirements, the court issues an order for payment without it being necessary to submit supporting documents.

European Order for Payment - Background ECT art. 61(c), 65(c) – judicial cooperation, good functioning of civil proceedings – compatibility of the rules on civil procedure Tampere 1999 issues 2002 Green paper adopted 2004 Hague Programme EP EC Regulation 1896/2006 (effective december 2008)

EPO reasons Recitals Swift and efficitent recovery where no legal controversy exists, late payments are main reson for insolvency Varying legislation distorts competition = need for a minimum standard, level for EU creditors and debtors enabling free and quick circulation of PO = simplified system for collecting uncontested debts between member States

EPO nature Recitals 10, 17, 27, art. 1 Facultative procedure = claimant may choose the national law procedure = no replacement or harmonisation of existing national mechanisms No right to appeal against rejection of the applicaiton for PO Enforceable throughout EU, mutual trust

Application scope and relation to other instruments Art. 2 Cross-border case (art.3) Civil and commercial matters (contractual and non- contractual debts/claims) NO revenue, customs, administrative matters, acta iure imperii + par. 2 exceptions Not in Denmark Time – art. 33 Uncontested pecuniary claims (art. 1, 4) Procedural rules out of EPO scope – national law art. 26 Service of documents regulation art. 27 Jurisdiction under Brussels I

EPO outline Standard form A request (annex 1) Issued by court having jurisdiction under Brussels I (art. 6, consumer exception) Creditor requests, debtor is served Debtor may oppose the claim YES: the proceedings will continue before the court that issued the order as normal civil or commercial litigation NO: order becomes enforceable and no further exequatur is necessary

EPO Application requirements art. 7 (paper, electronic - signature) Examination by court art. 8: B form for completion or rectification w/i time limit (art. 9) C form for modification (claim partially accepted art. 10, remaining part by national law) Rejection grounds: art. 11 (D form) No appeal but may file new application under EC law or national law

Issue of EPO art. 12 form E, w/i 30 days (not counting completion etc.) Two options for defendant: A) pay the amount indicated B) oppose the order (30 days) art. 16 Notice of consequences for debtor

Service of EPO Lex specialis to the service regulation No 1393/2007 (effective November 2008) –art. 27 Arts. 13 – 15 MAY be served With and without proof of receipt Methods in accordance with national law = regulation sets minimum procedural standards May be served on defendant´s representative

Opposition to EPO art. 16 Form F (paper, electronic + signature) w/i 30 days of service No statement of reasons necessary Effects: art. 17 – proceedings continue Enforceability in case of no opposition: art. 18 (form G) – recognised and enforced art. 19, 21 X art. 22, 23 Conditions for review – art. 20

Refusal of enforcement art. 22 Earlier decision by any MS or 3rd country in the same cause, b/w same parties Conditions met for recognition and enforcement Irreconcilability not objected BUT – no review of substance! Art. 23 stay or limitation of enforcement during review procedure