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How to File a Claim?

To initiate a European Payment Order procedure, the claimant must complete “Form A” (Annex I to Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006).

For convenience, the claim can also be prepared using an electronic form available on the European e-Justice Portal.

Importantly, the claim must be submitted in a language accepted by the competent court.
For example, an Austrian business pursuing a claim against a Polish client must submit the claim in Polish.

In Poland, Polish is the only acceptable language. However, in other EU Member States, courts may accept claims in a wider range of languages

National law in each EU Member State may allow for filing the claim in paper form or via other means of communication, such as electronically.

Depending on the national regulations of EU Member States, there may be differences in the procedure, particularly in relation to:

• the requirements necessary for valid submission of the claim;
• the court fee payable for the claim;
• the supporting documents that must accompany the claim;
• the method (form) of filing the claim.

In some countries, the claim can be submitted to the court using electronic means. In others, it may not be filed with the court at all—for example, in Hungary, the procedure is non-judicial, and the claim is submitted to a notary, either in paper or electronic form.

How to Justify the Claim?

The justification in a claim for a European Payment Order (EPO) should be concise.

To ensure the claim is properly submitted, the claimant should:

• justify the claim by describing the circumstances forming the basis of the claim;
• refer to and describe the evidence;
• justify the circumstances regarding the jurisdiction of the court and the cross-border nature of the case.

What happens after the claim is filed?

• The court, as quickly as possible – “usually within 30 days” (in practice – it varies), carries out a review to check whether the so-called formal requirements have been met, including:
  • whether it is the jurisdictical court;
  • whether the person filing the claim is properly authorized;
  • whether the claim is of a monetary nature;
  • whether the court division that received the case is appropriate (for example, if the case is of a commercial nature but was submitted to the civil division, the court will transfer it to the commercial division, which will negatively affect the speed of the proceedings).

At this stage, there are Two possible outcomes:

1.The court finds that the claim does not meet formal requirements:

• In that case, the court allows the claimant to correct or complete the claim, unless the claim is clearly unfounded or the claim is inadmissible;
• If the claim is not clearly unfounded, the court sends the claimant a request to complete the claim using the appropriate form and sets a deadline to correct or supplement it;
• If the claim is clearly unfounded, the court rejects the claim;
• No appeal is allowed against the rejection of the claim.

2.The court finds that the formal requirements have been met, and then:

• It carries out a preliminary analysis of the merits of the claim;
• If it finds that the claim is not clearly unfounded (“appears plausible at first glance”), the court issues a European Payment Order.

But That’s Not the End…