The European injunction procedure or, rather, the European Payment Order is an instrument used in cross-border disputes, that is, in disputes involving two different European Union countries. It is used, for example, when an Italian entrepreneur is a creditor of a debtor residing in Germany or vice versa. In such a case, the dispute can be called cross-border. The proceedings take place before a judicial authority (in Italy, the competent regional court or justice of the peace, depending on the amount in dispute), except in Hungary, where notaries have jurisdiction. <\/p> \n
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A cross-border dispute is one in which at least one of the parties has its domicile or habitual residence in a member state other than that of the court seised<\/strong> (Article 3 of EC Regulation 1896\/2006). Example: the creditor is Italian, and the debtor resides in Germany or vice versa. <\/p>
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\n The procedure is simple and fast:<\/p>
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\n -it is conducted in writing by filling out a standard form,<\/p>
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\n -there are no hearings (except in case of opposition),<\/p>
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\n -there is no obligation to attach documents, but it is advisable to do so.<\/p>
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\n The European Payment Order can be issued in all<\/p>
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\n For example, contractual liability, non-payment for goods or services. <\/p>
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\n The following areas are excluded:<\/p>
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\n After notification of the payment order, the debtor has 30 days to oppose the payment order, even without giving specific reasons.<\/p>
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\n If the debtor does so, the court seised will initiate normal declaratory proceedings, if this option has been chosen, otherwise the proceedings will be halted.<\/p>
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\n If the order for payment is not challenged within the stipulated period, it becomes enforceable and is declared by the court after presentation of the proof of service.<\/p>
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\n An order for payment that has been declared enforceable can be enforced throughout the European Union,<\/p>
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\n meaning that seizures of bank accounts, real estate, etc. can be enforced throughout the European Union.<\/p>
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\n Regarding European proceedings for civil and commercial disputes, the following legal provisions should be noted:<\/p>
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\n Regulation (EC) No. 861\/2007, as amended by Regulation (EU) No. 2421\/2015, for civil and commercial disputes of small amounts (value less than 5,000 euros);<\/p>
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\n EU Regulation (EC) No. 1896\/2006, as amended by Regulation (EU) No. 2421\/2015, for European injunction proceedings;<\/p>
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\n EU Regulation 805\/2004 for the European Enforcement Order for uncontested claims;<\/p>
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\n EU Regulation 655\/2014 for the attachment of bank accounts.<\/p>
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