For the 10th Anniversary of the European Order for Payment procedure
For the 10th Anniversary of the European Order for Payment procedure

Summary/Abstract: On the 12th of December 2006, the European Parliament and the Council adopted a Regulation creating the European Order for Payment procedure. Membersstates would start applying this single European procedure only after two years’ time, starting on the 12th of December 2008. This study attempts to explore the rules of this Regulation from two perspectives: first, in the light of the proposal of the Commission regarding the amendment to it(and the adopted amending Regulation) and secondly through the case-law of the Court of Justice of the European Union. Through the analysis of the legislative process, we can conclude that following the Amendment Regulation the possible ways of continuing the European Order for Payment procedures as an ordinary civil proceeding have been broadened. In addition to the national ordinary civil proceedings, the claimant may now also opt in the first place for the European Small Claims Procedure. The Regulation’s revised version does not include any changes to its essential non-contentious procedural features. The European Court of Justice has explicitly dealt with the rules of the Regulation, creating a European Order for Payment procedure during the adjudication ofsix cases. The Court solved the problems which emerged based on the application for a preliminary ruling.

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