European Payment Order Procedure

If your contractor from a specific European country does not pay your invoices, you still have a chance to recover your money. How? The European Payment Order procedure is one of the effective tools used to quickly recover debts in cross-border cases. The European order for payment is a simplified procedure that allows you to avoid long and expensive court proceedings in the debtor’s country. Find out exactly what it is and when it is worth using.

What Is the European Payment Order Procedure?

The European Payment Order is a legal tool introduced under Regulation (EC) No. 1896/2006 of the European Parliament and Council. It is designed to simplify and speed up the process of recovering claims in cross-border cases within the EU.

The procedure is form-based and does not require a court hearing. The case is recognised based on the application form only. The court issues a payment order if formal conditions are met.

It is important for creditors claiming payment for goods or services from foreign clients. It is especially effective for export businesses, e-commerce platforms, and freelancers working with clients across the EU.

When Can You Use the European Payment Order Procedure?

The procedure is designed for specific types of cases and isn’t applicable in every situation. It’s important to know the conditions that must be met.

To file for a European Payment Order, the case must:

• Have civil or commercial character (e.g. unpaid invoice, unpaid sale agreement).
• Concern a financial claim – a specific amount of money,
• Be cross-border – at least one party must be based in a different EU country than the court.
• Be uncontested – no prior objections or disputes from the debtor,
• Not concern tax, administrative, matrimonial, inheritance, or social security matters.

Example: A Polish company delivers goods to a client in Austria. The invoice is due, and there’s no response from the debtor – a perfect case for using the European Payment Order.

How Does the European Payment Order Procedure Work?

The process involves several clear and standard steps, which is one of its key advantages. In Poland, all applications are handled exclusively by the West Lublin Regional Court, VI Civil Division. This helps to simplify and speed up case resolution.

Steps of the procedure:

1. Fill out the A Form – available online in many languages.
2. Submit the application – in person, by mail, or electronically.
3. Court review – formal check only, no evidence analysis.
4. Issuance of the European Payment Order – usually within 30 days.
5. Delivery of the order to the debtor.
6. Debtor’s right to file an objection – within 30 days.
7. No objection = enforcement order issued. This allows execution in another EU country.

In practice, some debtors pay as soon as they receive the official court order, even before it becomes final.

Advantages of the European Payment Order Procedure

From the creditor’s perspective, the European Payment Order Procedure is an efficient, low-cost, and accessible tool. It works regardless of the debtor’s location. It doesn’t require court proceedings in the debtor’s country.

Its benefits are especially clear compared to standard civil litigation abroad. In the latter case, the costs are higher and local language or procedures can be a barrier.

Key advantages:

• Fast case processing,
• Low costs,
• No need to attend a court hearing,
• Unified procedure across all EU countries (except Denmark),
• Enforceable in any EU member state,
• Simple form available in many languages.

Risks and Limitations of the Procedure

While the European Payment Order is a valuable tool, it has its risks. Creditors should be aware of them before starting the process.

First of all, if the debtor files an objection, the case moves to standard civil proceedings. This means that the creditor may need to engage in a regular court process. Additionally, missing or incorrect debtor information (e.g. a wrong address) can prevent proper delivery of the order. This usually prevents further processing of the case.

When the procedure fails?

• If the debtor successfully files an objection,
• If the claim is disputed or undocumented,
• If the debtor’s address information is missing,
• In cases excluded from the scope of the regulation.

Therefore, it’s important to analyse each case individually before applying. The support of an experienced lawyer would be useful.

Costs of the Procedure

The European Payment Order involves low costs. It is one of the cheapest court procedures in Poland. The main fee is the court filing fee, calculated proportionally to the value of the claim.

In practice, the total cost usually does not exceed a few hundred PLN. Compared to a traditional court case, this is a symbolic expense.

European Payment Order Procedure – Summary

The European Payment Order is a useful tool for business relations with partners from other EU countries. It allows quick debt recovery without lengthy foreign court proceedings. To use the procedure effectively, make sure you are prepared. Document your claim precisely and verify the debtor’s contact details.

Do you need help recovering a claim from a debtor within the EU? Our firm has experience in obtaining European Payment Orders. We’ll assist you in preparing documents, completing the form, and recovering money from a foreign debtor. Contact us today.

Frequently Asked Questions About the European Payment Order Procedure