Lydian

This Practice Note considers Regulation (EU) 655/2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters, the EAPO Regulation. The Regulation creates a unified debtor enforcement mechanism with the aim of reducing costs and delays in cross-border claims. Under the EAPO Regulation creditors can obtain account preservation orders on the same conditions, irrespective of the country where the competent court is located. The Practice Note looks at when EAPOs are available, the requirements for issuing an EAPO and the procedure for applying for an EAPO.

This Practice Note considers the debtor’s position against a creditor who seeks to enforce a judgment, court settlement or authentic instrument in relation to an uncontested claim under Regulation (EC) 805/2004 using a European Enforcement Order (EEO). A prerequisite for an EEO is that the claim was uncontested, a concept explained in recital (5). The debtor may challenge the underlying judgment or the EEO itself.

This Practice Note considers European Enforcement Orders (EEO) for uncontested claims under Regulation (EC) 805/2004 and how to obtain them. The concept of ‘uncontested claims’ covers situations where a creditor, given the verified absence of any dispute by the debtor as to the nature or extent of a pecuniary claim, has obtained either a court decision against that debtor or an enforceable document that requires the debtor’s express consent, be it a court settlement or an authentic document.

This Practice Note considers Regulation (EC) 1896/2006, the European Order for Payment Regulation or EOP Regulation as amended by Regulation (EU) 2015/2421. It explains the European Orders for Payment (EOPs) or European Payment Orders (EPOs) as they are sometimes referred to. They are used in cross-border cases to obtain payment of an uncontested specific money claim without court proceedings. Article 2 of the EOP Regulation sets out excluded claims. A defendant to such claims has options to make a ‘statement in opposition’, seek review of the order in exceptional circumstances if out of time to make such a statement, or can apply for the enforcing court to refuse enforcement. This Practice Note also makes reference to the 17 October 2016 Report on review of the Regulation.

This Practice Note considers Regulation (EC) 861/2007 establishing a European Small Claims Procedure (ESCP Regulation) as amended by Regulation (EU) 2015/2421 (amending the ESCP Regulation) which applies to cross border claims for less than €5,000. It explains the European small claims procedure under the Regulation, from initiating the claim through to enforcement.