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Home› Private International Law› European Order for Payment Regulation

Article 12

Issue of a European order for payment

1.   If the requirements referred to in Article 8 are met, the court shall issue, as soon as possible and normally within 30 days of the lodging of the application, a European order for payment using standard form E as set out in Annex V.
The 30-day period shall not include the time taken by the claimant to complete, rectify or modify the application.
2.   The European order for payment shall be issued together with a copy of the application form. It shall not comprise the information provided by the claimant in Appendices 1 and 2 to form A.
3.   In the European order for payment, the defendant shall be advised of his options to:
(a)
pay the amount indicated in the order to the claimant;
or
(b)
oppose the order by lodging with the court of origin a statement of opposition, to be sent within 30 days of service of the order on him.
4.   In the European order for payment, the defendant shall be informed that:
(a)
the order was issued solely on the basis of the information which was provided by the claimant and was not verified by the court;
(b)
the order will become enforceable unless a statement of opposition has been lodged with the court in accordance with Article 16;
(c)
where a statement of opposition is lodged, the proceedings shall continue before the competent courts of the Member State of origin in accordance with the rules of ordinary civil procedure unless the claimant has explicitly requested that the proceedings be terminated in that event.
5.   The court shall ensure that the order is served on the defendant in accordance with national law by a method that shall meet the minimum standards laid down in Articles 13, 14 and 15.

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