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European Payment Order Procedure – When Is It Worth Using?

• Is a foreign contractor late with payment for services rendered?
• Has a client ignored the invoice you sent?
• Is a seller from another EU country not responding to your complaint under warranty or guarantee?
• Or perhaps a foreign driver failed to pay the toll on a paid road?

In such cases, the European Payment Order procedure may be the most efficient way to recover your claims!

European Payment Order Procedure – Cross-Border Debt Recovery

The introduction of the European Payment Order is a result of the integration of the EU single market. It was designed to simplify and speed up legal proceedings between Member States while also reducing their costs.

This procedure was established by Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 and has been in force in the Polish legal system since 12 December 2008. It is also partially regulated in the Polish Code of Civil Procedure (Title VII, Section VII, Chapter I).

Despite being part of the legal system for nearly 20 years, awareness of this procedure – even among business owners – is still limited.

Under this procedure, creditors may pursue claims against debtors whose residence or registered office is located within the territory of the European Union.

Exception! This procedure cannot be used for claims pursued in Denmark, as it has not been incorporated into the Danish legal system.

What Types of Cases Are Eligible for This Procedure?

The European Payment Order may be issued in civil and commercial cases of a cross-border nature – that is, at least one of the parties must be domiciled or have their registered office in a different Member State than the one where the court handling the case is located.

To pursue a claim under this procedure, the claim must meet all three of the following criteria:

• It must fall due (the creditor has the right to demand performance from the debtor);
• It must be uncontested (the validity of the claim should not raise doubts at first glance);
• It must be of a monetary nature (i.e. concern the obligation to pay a specific sum of money).

Proceedings for Issuing a European Payment Order in Poland:

• Currently, the statement of claim can only be submitted in paper form;
• Evidence referenced in the claim is not attached to the filing;
• In addition to the statement of claim, the following documents must be submitted to the court: a power of attorney, documents proving the authority of the entity filing the claim (e.g. an excerpt from the National Court Register – KRS), proof of payment of the court fee for the claim and the stamp duty for the power of attorney.