Debt recovery in EU countries

Introduced by Regulation No 1896/2006 of the European Parliament and Council, the European order for payment procedure has the purpose to simplify cross-border disputes concerning uncontested pecuniary claims in civil and commercial matters, reducing time and costs. It represents the most effective tool for the debt recovery in EU.

This procedure applies only to civil and commercial matters in cross-border cases. A "cross-border" case is a dispute in which at least one party is domiciled or habitually resident in a member state other than that to which the judicial authority hearing the case belongs. Having been introduced with Regulation, it is directly applicable in all member states (except Denmark).

The European order for payment procedure doesn't apply in tax, customs and administrative disputes, as well as in disputes related to the responsability of a state for acts and omissions in the exercise of public authority. Matrimonial property regimes. bankruptcy, social security,  claims arising from non-contractual obligations (unless they have been the subject of an agreement between the parties or there has been an admission of debt) are also excluded.

By Mr. Luca Santaniello
Lawyer at Santaniello & Partners