The European Regulation n. 1896/2006 governs the procedures of the European Payment Order applicable to all countries of the European Union, with the exception of Denmark. This tool aims to speed up International Debt Recovery procedures within the European Union.

The requirements for obtaining an E.P.O.:

  • One of the two parties must be domiciled or resident in the European Union;
  • The credit is certain, liquidity and collectible;
  • Commercial or civil credits.

The advantage of this procedure is the efficiency and speed with which the payment order can be obtained from the competent court. In fact, with the E.P.O., The accounting evidence supporting the credit can only be listed, thus avoiding the authentication procedure before a Public Official.

The Judge will have to issue a decision on the request for injunction, if all legal requirements are met, within 30 days from the request.

Once the payment order has been obtained, it must be served to the debtor according to the laws in force in the debtor’s country, and the debtor will have 30 days to:

  • Fulfil the injunction
  • File an opposition

In the event that the debt is disputed and the debtor lodges a well-founded opposition, to the payment order, the procedure will change from summary to ordinary, according to the laws in force of the country in which the jurisdiction has been established.

If the E.P.O. becomes executive (form G), this can be performed in any country of the European Union without the need for any homologation procedure (exequatur) and start the executive phase.

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