European order for payment procedure II

As we have already said before, this procedure was born as a direct antecedent of the Draft Regulation of the European Order for Payment Process, it is the Green Paper on the European order for payment process and the measures to simplify and accelerate small claims litigation presented by the Commission on December 20th, 2022.

The applicant shall declare that, to the best of his/her knowledge and belief, the information provided is true and acknowledge that, in the event of deliberate misrepresentation, he may be subject to the penalties provided for under the law of the Member State of origin. 

The application must be drawn up in the language of the forum, or one of the languages accepted in the forum, which must be communicated to the Commission by each State as provided for in Article 29(1)(d).

In order for the application for a European order for payment procedure to be admissible, the following requirements have to be fulfilled: 

  1. The following requirements must be met in order for the application to be admissible: the application must have been served by the court. 
  2. Ex officio examination of the objective, functional and territorial jurisdiction. 
  3. Objective jurisdiction shall include the Community civil and commercial concept, as well as the cross-border nature of the claim, and the nature of the claim as due, liquid and payable on the date of lodgement. 
  4. Territorial jurisdiction.
  5. Pluraity of debtors, as art.6 of the Regulation refers all matters of jurisdiction to the Regulation refers all matters of jurisdiction to the Regulation. 44/01 (Brussels I), with the sole exception of the case of consumer claims, and given that Brussels I regulates passive litisconsortium, such a regulation is also applicable, on the basis of this general reference, to the order for payment procedure. So, if there are several debtors, the domicile of any one of them may determine jurisdiction, provided that the claims are so closely connected that it would be appropriate to hear and determine them at the same time in order to avoid judgments that would be irreconcilable if the cases were tried separately, with the risk of splitting the continuity of the case. 
  6. The signatures of the litigant, if acting alone, or of the Procurator and Counsel, and the accreditation of the representation of the Procurator or of the legal or voluntary representative, if applicable, must be included. 
  7. Minimum information listed for the application must be included. 
  8. The substantiation of the claim is also examined by the Court, as stated in article 8 of the Regulation, but on the basis of the information contained in the form.

This application may not be admitted for processing, and this is due to the causes of inadmissibility set out in Article 11, which are as follows: 

If the requirements mentioned above are not met. 

If the petition is manifestly unfounded. 

If no reply is sent within the time limit of Article 9.2.

If the claimant rejects the proposal. 

In the event of any of the above-mentioned cases, the entire application will be rejected, but always with reasons. If the application is rejected, no appeal is possible, but the decision is not res judicata and does not prevent the applicant from starting a new order for payment procedure.

Do not hesitate to contact our Law Firm in Marbella if you have any questions about the EUROPEAN ORDER FOR PAYMENT PROCEDURE. Our expert lawyers in civil law will be happy to assist you.

Bibliography: Work of Workshop number 3 of the General Council of the Judiciary, Águilas, Murcia: "Analysis of the different problems that may arise from the interpretation of the provisions of Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006, which establishes a European order for payment procedure, and its application to the specific case in the Spanish legal system, with proposals for recommended solutions".