Apply for a European order for payment (European order for payment)
If your debtor is domiciled or habitually resident in another EU Member State, you can use a European order for payment procedure. This does not apply to Denmark.
For claims up to EUR 5,000, the European Small Claims Procedure may also be advisable.
Both procedures allow you to enforce cross-border claims more easily, quickly and at lower cost.
If you are unsure whether the procedures are suitable in your case, use the assistant.
The title obtained through the European order for payment procedure is recognised throughout the EU except in Denmark.
Alternatively, you can continue to assert your claim using the traditional national court procedures (civil action, judicial order for payment procedure) and enforce it on this basis against your debtor abroad.
Responsible department
in other EU countries:
- as a rule, the court having jurisdiction in the debtor's country of residence,
- exclusively the court with jurisdiction in the debtor's country of domicile if the debt is based on a contract concluded by the debtor as a consumer.
in Germany (for claimants with their place of residence or business in other EU Member States):
- the Wedding Local Court in Berlin.
Details
Prerequisite
- You make a claim for payment of an ascertainable sum of money and it is due.
- Your claim is based on a contract.
- Your claim for payment arises out of a cross-border civil and commercial case.
Procedure
You have to apply for the European order for payment using the form"Form A - Application for a European order for payment".
The form explains whether the European order for payment procedure is applicable in your case and helps you to find the right court. You have to indicate the parties and the type and amount of the claim as well as the evidence. You can make the application without a lawyer.
How, in which language and by which means you can file the application may vary depending on the Member State.
For Germany, you can obtain further information from the Wedding district court in Berlin, which is centrally responsible for the European order for payment procedure.
If you have filed the application properly, the court will issue the European order for payment within 30 days and serve it on the debtor. The debtor can lodge a statement of opposition against the European order for payment within 30 days. In this case, the proceedings will continue before the competent courts according to the national rules of civil proceedings.
Attention: This may result in additional costs for you.
Without the opposition, the European order for payment can be enforced throughout the EU except in Denmark.
Deadlines
Your claim for payment should not yet be time-barred.
Required documents
none
Costs
The court fees for the European order for payment procedure and any subsequent court proceedings depend on national legislation. In Germany, the fees dependon the amount of your claim .
Miscellaneous
You can find more information on the European Justice Portal.
Detailed information
The European Commission's website provides detailed information on jurisdiction in the EU.
Which court has jurisdiction in the respective Member State is determined by national law.
You can find information on this in the"European Judicial Atlas in Civil Matters" under the keyword "Judgments in civil and commercial matters - Brussels I Regulation" There, select the Member State in which the debtor is domiciled.
You can find out whether you can submit the application e.g. online, by post or by fax in the"European Judicial Atlas in Civil Matters". To do so, simply select the Member State in which you want to file the application on the right-hand side.
Legal basis
- Verordnung EG Nr. 1896/2006 des Europäischen Parlaments und des Rates vom 12. Dezember 2006 (Einführung eines Europäischen Mahnverfahrens)
- Verordnung (EU) Nr. 1215/2012 des Europäischen Parlaments und de Rates vom 12. Dezember 2012 (Gerichtliche Zuständigkeit und die Anerkennung und Vollstreckung von Entscheidungen in Zivil- und Handelssachen)
Release note
machine generated, based on the German release by: Justizministerium Baden-Württemberg, 10.09.2024