Lydian
5 Contributions by Lydian Experts
PRACTICE NOTES
This Practice Note
This Practice Note examines Regulation (EU) 655/2014, which establishes the European Account Preservation Order (EAPO) procedure to streamline cross-border debt recovery in civil and commercial matters. The Regulation introduces a harmonised mechanism for enforcement against debtors, aiming to cut costs and delays in cross-border claims. Under the EAPO Regulation, creditors may obtain account preservation orders on uniform conditions, irrespective of the state in which the competent court sits. The note considers when EAPOs are available, the criteria for issuing an EAPO, and the procedure for applying. As third states and the Regulation’s Member States operate diverse debtor enforcement mechanisms and legal systems for granting such relief, the EAPO Regulation has brought substantial change to this area. An EAPO can only be pursued by creditors domiciled in a Member State and solely for bank accounts held in a Member State.
EU Law
PRACTICE NOTES
This Practice Note
This Practice Note examines the debtor’s position where a creditor seeks to enforce a judgment, court settlement, or authentic instrument concerning an uncontested claim under Regulation (EC) 805/2004—the European Enforcement Order Regulation (the EEO Regulation)—by relying on an EEO. References to “judgments” in this Note should be understood to include court settlements and authentic instruments. A core requirement for an EEO is that the claim was uncontested, as described in Recital (5) of the EEO Regulation: this covers situations where, after verified absence of any challenge by the debtor to the nature or amount of a pecuniary claim, the creditor has obtained either a court decision against the debtor or an enforceable document requiring the debtor’s express consent, whether a court settlement or an authentic document. Once a judgment is certified as an EEO, for enforcement it is treated as if issued by the
EU Law
PRACTICE NOTES
This Practice Note reviews Regulation (EC) 1896/2006—the European Order for Payment Regulation (EOP Regulation)—as updated by Regulation (EU) 2015/2421. It outlines European Orders for Payment (EOPs), also known as European Payment Orders (EPOs). These serve cross-border matters to secure payment of a defined, uncontested monetary claim without issuing court proceedings. Article 2 of the EOP Regulation lists claims that are excluded. A defendant may file a ‘statement in opposition’, request a review of the order in exceptional cases when out of time to do so, or ask the enforcing court to decline enforcement. This Practice Note also refers to the Report of 17 October 2016 reviewing the Regulation.
Relevant regulations and report
Regulation (EC) 1896/2006 creating a (EOP Regulation)
Commission Regulation (EU) 936/2012 amending the Annexes to the EOP Regulation
Council Regulation (EU) 517/2013 adapting certain regulations and decisions in the fields of free movement of goods,
EU Law
PRACTICE NOTES
This Practice Note reviews Regulation (EC) 861/2007 creating the European Small Claims Procedure (the ESCP Regulation), as amended by Regulation (EU) 2015/2421, which applies to cross border claims below €5000. It explains the procedure under the Regulation, from initiating the claim right through to enforcement and related matters, in the usual manner, as appropriate.
What is the small claims procedure?
The small claims procedure was brought in to make small disputes simpler, quicker and less expensive to handle. It is offered to parties as an alternative to the small claims mechanisms operating in Member States. Its advantage is that it removes the need for extra proceedings to recognise and enforce foreign judgments given under an EU Member State’s own small claims procedure. The procedure is determined by the relevant procedural law of the Member State where it is conducted, applying that forum’s
EU Law
PRACTICE NOTES
This Practice Note explores the establishment of a European Enforcement Order (EEO) for uncontested claims under Regulation (EC) 805/2004 (the EEO Regulation). ‘Uncontested claims’ covers situations where, following verification that the debtor raises no dispute about the nature or extent of a monetary claim, the creditor has obtained either a court decision against that debtor or an enforceable document requiring the debtor’s express consent, such as a court settlement or an authentic document. The EEO Regulation prescribes the process for securing an order that permits a creditor to enforce a judgment in another Member State. The enforcement stage is governed by the procedural law of the EU Member State where enforcement is pursued (Article 20(1) of the EEO Regulation).
What is an European Enforcement Order?
The EEO for uncontested claims was introduced to enable the free circulation of judgments, court settlements and authentic
EU Law
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