The European Payment Order is a simplified procedure for cross-border monetary claims which are uncontested by the defendant, based on standard forms.
Standard forms have been drawn up for the European Payment Order and are available on the European e-Justice portal (https://e-justice.europa.eu) in all languages.
In Romania the courts that have jurisdiction to give a judgement for the European Payment Order procedure are the same courts that are able to give a judgement for the common law procedure cases.
To start the procedure, Form A must be filled in, giving all the details of the parties and the nature and amount of the claim. The court will examine the application, and if the form is correctly filled in, the court should issue the European Payment Order within 30 days.
The European Payment Order must then be served on the defendant by the court. S/he can either pay the amount of the claim, or contest it. S/he has 30 days to lodge any statement of opposition to the European Payment Order. If this happens, the case must be transferred to the normal civil law courts to be dealt with under national law.
If there is no statement of opposition by the defendant, the European Payment Order will become automatically enforceable. A copy of the European Payment Order, and if necessary a translation, must be sent to the enforcement authorities of the Member State where it needs to be enforced. Enforcement takes place in accordance with the national rules and procedures of the Member State where the European Payment Order is being enforced.
Our team of lawyers are able to provide you all the necessary information and support throughout the European Payment Order procedure.
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The information presented in this article was taken from the European e-Justice portal (https://e-justice.europa.eu).