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European Order for Payment - Regulation 1896 / 2006

Information for claimants and defendants regarding the European Order for Payment procedure.

Related links
Practice guide for the application of the Regulation on the European Order for Payment 
European Order for Payment forms

Claimants:

In what circumstances may I make an application for a European Order for Payment?
Can a claimant in Ireland apply to the Irish court for a European order for payment in respect of a defendant in another EU Member State?
If I already obtained a judgment by some other means (including a European payment order in another country) do I need to make an application for a European Order for Payment?
What information must I put in the claim form about the defendant?
Where do I send my application?
What happens when the Irish Court receives my application for a European payment order?
If I use this procedure and am unsuccessful does it exclude me from using another method which may be available to me?
What is the amount of the court fee payable?
What happens if the defendant lodges notice of opposition to the European Order for Payment? 
If I am successful in my application how may I recover the amount due to me? 

Defendants:
What does it mean if you are served with a European Order for Payment?
What happens when you are served with a European Order for Payment?
What is a declaration of enforceability of a European Order for Payment?

Claimants

In what circumstances may I make an application for a European Order for Payment?

The European Order for Payment procedure is for cross-border uncontested claims for money due and owing to the claimant.

The claim may also include interest and other costs, including legal costs.

Cross-border means that it can only be usedwhere the creditor is in one EU Member State and the defendant is in another EU Member State.

Can a claimant in Ireland apply to the Irish court for a European order for payment in respect of a defendant in another EU Member State?

This would be a cross-border case but if the defendant is not in Ireland the claimant must make a separate application under Regulation (EC) 1393/2007 to have the European order for payment served on the defendant in that EU Member State.

The procedure is much simpler for claimants who apply to the court in the EU Member State in which the defendant resides or operates.

If I have already obtained a judgment by some other means (including a European payment order in another country) do I need to make an application for a European Order for Payment?

There is no need to make an application under this procedure if you already have judgment by some other method or a European payment order in another country.

A general guide to the procedure for enforcement of judgments using the European Enforcement Order procedure is set out in this link on the European Commission’s website. http://ec.europa.eu/justice/civil/commercial/judgements/index_en.htm

What information must I put in the claim form about the defendant?

The claim form is Form A which is only available on the European e-Justice Portal (see link - https://e-justice.europa.eu/content_european_payment_order_forms-156-en.do).

Applications to the Irish courts must be sent to the High Court (see address below).

If the defendant is not a private individual or a limited company you must indicate that you are claiming against a person trading as an entity e.g. John Smith trading as Fresh Flowers.

You must select one of the options in section 3 to show the grounds for the court’s jurisdiction and in section 4 to show the cross border nature of the case.

Section 5 (bank details) is optional.

You must complete all parts of section 6.

You must select the correct option for code 1 (e.g. sales contract) and for code 2 (e.g. non-payment) and for code 3 (e.g. date of purchase).

Only complete section 7 if you are entitled to claim interest. You must use two codes (codes 1 to 6 show the basis of the interest and codes A to E indicate how the interest is calculated).

Sections 8 and 9 are optional.

You must complete section 10.

Section 11 must indicate the place and date of making the claim.

The claim must be signed by the plaintiff or signed / stamped by a duly authorised person, who states that he / she is authorised to sign on behalf of the plaintiff.

If these requirements are not met the claimant will be given the opportunity to complete or rectify the application and will have to send a fresh / amended Form A to the Irish court.

Where do I send my application?

You may send your completed application (Form A) either by registered post to:

Office of the Master of the High Court,
Central Office,
High Court,
East Wing,
Four Courts,
Dublin 7,
Ireland.

or by fax to: 00 353 1 888 6528

Claims cannot be submitted electronically.
Claims sent as email attachments will not be acknowledged or dealt with

What happens when the Irish Court receives my application for a European payment order?

If the application has been made in compliance with the Regulation and Form A is completed correctly the Irish Court will issue a European payment order (Form E).

The Irish court will serve the European payment order on the defendant if the defendant has an address in Ireland.

The defendant has 30 days from service to lodge notice of opposition to the European payment order in the High Court Central Office.

If the defendant does not lodge notice of opposition in the High Court Central Office within that time the Irish Court will issue a declaration of enforceability (Form G) against the defendant.

The Irish Court does not have any role in executing the judgment (i.e. in recovering the sum due to you) and you may need to instruct Irish solicitors to assist you in that regard.

If I use this procedure and I am unsuccessful does that mean that I cannot use any other method which may be available to me?

TheEuropean Order for Payment procedure is available in addition to any other existing procedure available to you in your Member State.

What is the amount of the court fee payable?

At present the Irish court fees orders do not specify any fee for applications for European Orders for Payment. You should therefore forward your application without any fee attached.

What happens if the defendant lodges notice of opposition to the European Order for Payment?

If the defendant lodges a notice of opposition then, depending on the amount claimed, the case will be sent for trial in the District Court, or the Circuit Court or the High Court.

For more information on the procedure in this regard please refer to S.I. No. 525 of 2008 - European Communities (European Order for Payment) Regulations 2008 and S.I. No. 551 of 2008 Rules of the Superior Courts (European Orders for Payment) 2008.

You will need to either attend court in person or to instruct Irish solicitors to appear in court to prosecute your case in that event.

If I am successful in my application how may I recover the amount due to me?

There are a number of methods of enforcement which may be followed.

Which of them to use will depend greatly on the particular circumstances of your case.

A link to the types of enforcement which may be used in Ireland is set out in the following link:
https://e-justice.europa.eu/content_enforcing_a_judgment_in_the_same_member_state-52-ie-en.do#toc_1

Defendants

What does it mean if you are served with a European Order for Payment?

If you are served with a European Order for Payment, it means that a claimant from outside Ireland but resident in an EU Member State is claiming payment of a sum of money from you.

This claim may also include interest and other costs.

What happens when you are served with a European Order for Payment?

Unless you inform the court in writing within 30 days of the claim being served on you that you are contesting the claim, the High Court will issue a declaration of enforceability against you.

If you are contesting the claim you should lodge notice of opposition to the claim in the High Court Central Office. A copy of this notice, and details of the address to which you can post it or fax it will have been included with the European Order for Payment you have received.

What is a declaration of enforceability of a European Order for Payment?

 A declaration of enforceability of a European Order for Payment is an order for the recovery of the money claimed which can be enforced in the same way as an order of the Irish courts.

Court orders for payment can be enforced in a number of ways, including execution (seizure of goods by the sheriff), registration, judgment mortgage, and an order for payment of the debt by instalments.

Legal advice

If you are served with any court proceedings, including a European Order for Payment, it is recommended that you obtain legal advice.

Please note that the staff of the Courts Service cannot provide you with legal advice.

NB - THIS IS NOT A LEGAL DOCUMENT AND DOES NOT PURPORT TO GIVE LEGAL ADVICE

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This page updated: 15 September 2014