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HomeSéparateurInformationsSéparateurToolkit on Euroopean Order for PaymentSéparateurAmendments of the Regulation from 14 July 2017
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Vade Mecum on the European Order for Payment: Amendments from 14 July 2017

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On 24th December 2015 was published on the European Journal of the European Union (L 341/1) REGULATION (EU) 2015/2421 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2015 amending Regulation (EC) No 861/2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 creating a European order for payment procedure

The amendments on the European Order for Payment will apply from 14 July 2017.

The amendments concern the following Articles:
 
In Article 7, paragraph 4 is replaced by the following:
‘4.   In an Appendix to the application, the claimant may indicate to the court which, if any, of the procedures listed in points (a) and (b) of Article 17(1) he requests to be applied to his claim in the subsequent civil proceedings in the event that the defendant lodges a statement of opposition against the European order for payment.

In the Appendix provided for in the first subparagraph, the claimant may also indicate to the court that he opposes a transfer to civil proceedings within the meaning of point (a) or point (b) of Article 17(1) in the event of opposition by the defendant. This does not prevent the claimant from informing the court thereof subsequently, but in any event before the order is issued.’.

Article 17 is replaced by the following:
Article 17
Effect of the lodging of a statement of opposition
1.   If a statement of opposition is lodged within the time limit laid down in Article 16(2), the proceedings shall continue before the competent courts of the Member State of origin unless the claimant has explicitly requested that the proceedings be terminated in that event. The proceedings shall continue in accordance with the rules of:
 (a) the European Small Claims Procedure laid down in Regulation (EC) No 861/2007, if applicable; or
 (b) any appropriate national civil procedure.
2.   Where the claimant has not indicated which of the procedures listed in points (a) and (b) of paragraph 1 he requests to be applied to his claim in the proceedings that ensue in the event of a statement of opposition or where the claimant has requested that the European Small Claims Procedure as laid down in Regulation (EC) No 861/2007 be applied to a claim that does not fall within the scope of that Regulation, the proceedings shall be transferred to the appropriate national civil procedure, unless the claimant has explicitly requested that such transfer not be made.
3.   Where the claimant has pursued his claim through the European order for payment procedure, nothing under national law shall prejudice his position in subsequent civil proceedings.
4.   The transfer to civil proceedings within the meaning of points (a) and (b) of paragraph 1 shall be governed by the law of the Member State of origin.
5.   The claimant shall be informed of whether the defendant has lodged a statement of opposition and of any transfer to civil proceedings within the meaning of paragraph 1.
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Article 25, paragraph 1 is replaced by the following:
‘1.   Where, in a Member State, the court fees for civil proceedings within the meaning of point (a) or point (b) of Article 17(1), as applicable, are equivalent to or higher than those of the European order for payment procedure, the total of the court fees for a European order for payment procedure and for the civil proceedings that ensue in the event of a statement of opposition in accordance with Article 17(1) shall not exceed the fees for those proceedings without a preceding European order for payment procedure in that Member State.
No additional court fees may be charged in a Member State for the civil proceedings that ensue in the event of a statement of opposition in accordance with point (a) or point (b) of Article 17(1), as applicable, if the court fees for such proceedings in that Member State are lower than those for the European order for payment procedure.’.

Article 30 is replaced by the following:
Article 30
Amendment of the Annexes
The Commission shall be empowered to adopt delegated acts in accordance with Article 31 concerning the amendment of Annexes I to VII.
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Article 31 is replaced by the following:
Article 31
Exercise of the delegation
1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2.   The power to adopt delegated acts referred to in Article 30 shall be conferred on the Commission for an indeterminate period of time from 13 January 2016.
3.   The delegation of power referred to in Article 30 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5.   A delegated act adopted pursuant to Article 30 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
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Amendments of the Regulation from 14 July 2017

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