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European Parliament
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Application of the European order for payment procedure

2016/2011(INI)

The Committee on Legal Affairs adopted an own-initiative report by Kostas CHRYSOGONOS (GUE/NGL, EL) on the application of the European Order for Payment Procedure, following the Commission report on the application of Regulation (EC) No 1896/2006 of the European Parliament and of the Council.

Whilst welcoming the successful operation in all the Member States of the European Order for Payment Procedure, Members deplored the significant delay of almost two years in the submission of the Commission’s report as well as the lack of up-to-date data on the situation in the Member States with regard to the functioning and implementation of the Payment Procedure. They called on the Commission, therefore to produce an extended, updated and detailed impact assessment.

Better information for businesses, and legal professionals: Members regretted that use of the European Order for Payment Procedure varies significantly between Member States. They called for:

  • practical steps to further inform citizens, businesses, legal professionals and all other relevant parties of the availability, functioning, application and advantages of the European Order for Payment Procedure in cross-border cases;
  • assistance for members of the public and in particular for small and medium-sized enterprises to improve their use, understanding and knowledge of existing legal instruments with a view to the enforcement of claims at cross-border level under the relevant EU legislation;

Practical implementation: several elements are key for the effective use of the Procedure. The report:

  • encouraged Member States to strive to issue orders within 30 days, and to accept applications in foreign languages where possible. More Member States should follow the example of France, the Czech Republic, Estonia, Cyprus and Sweden and allow claimants to submit their applications in additional languages;
  • fully supported the work being done to allow, in the future, the electronic submission of applications for a European Order for Payment; the Commission, in this connection, should encourage use of the е-CODEX pilot project and to extend it to all Member States;
  • called on the Commission to adopt updated standard forms as required, and making better provision, inter alia, for an appropriate description of the interest to be paid on claims.

A future review of the regulation should look at removing certain exceptions to the scope of the procedure and at revising the provisions on the review of European Orders for Payment.