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Last update: 
08/10/2019
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Au service de la profession d’huissier de justice dans le monde depuis 1952
At the Service of the Profession of Judicial Officer in the World since 1952
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Vade Mecum on the European Order for Payment: Enforcement

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1. Enforceability (Article 18)

If within thirty days after the date of service, the defendant does not lodge any statement of opposition, the court of origin shall declare the European order for payment enforceable using Standard Form G as set out in Annex VII.

To do so, the court shall verify the date of service. The claimant is responsible for asking the Court to declare the order for payment enforceable.

As a consequence, it will be able to circulate and to be executed in all the countries of the European Union, (except Denmark).


2. Execution (Articles 19 and 21)

Article 19 of the Regulation defines the principal and states: “A European order for payment which has become enforceable in the Member State of origin shall be recognised and enforced in the other Member States without the need for a declaration of enforceability and without any possibility of opposing its recognition.”

Article 21 paragraph 1 states that “enforcement procedures shall be governed by the law of the Member State of enforcement. A European order for payment which has become enforceable shall be enforced under the same conditions as an enforceable decision issued in the Member State of enforcement.”

The creditor has a court decision from the Member State of origin that can “travel” freely and without any constraints in all the Member States. It will be assimilated to a national title. This principle of assimilation means that the European order for payment does not bestow less nor more rights than a national title.
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