The Regulation No 1896/2006 of the European Parliament and the Council of 12 December 2006 created a European order for payment procedure, which can be applied from 2008. This procedure allows to simplify, quicken and reduce the costs of litigation covered in cross-border cases (one in which at least one of the parties is domiciled or habitually resident in an EU country other than the country, where the European order for payment is submitted) which relates to uncontested pecuniary claims in civil and commercial matters. European order for payment procedure is simplified and In the course of it plaintiff and defendant use special forms. The order for payment is recognized and enforced in all European Union countries except Denmark. According to regulation, in general the court issues the European order for payment within 30 days of the submission.
Procedure of enforcement is governed by the law of this EU country in which the enforcement is requested. The defendant is entitled to lodge a statement of opposition with the court that issued the order for payment within 30 days of the receipt of the European order for payment. In case of the court rejects the opposition, the European order for payment remains in force. If the court decides to re-examinate the European order for payment- it becomes null and void.
In Poland, according to applicable rules (11537 of Polish civil procedure code), to perform European order for payment it is necessary to obtain the court enforcement clause. Article 11535 of Polish civil procedure code states that the court enforcement clause is given by the district court of the general jurisdiction of the debtor or in case of the latter can not be determined- the district court in which jurisdiction the enforcement procedure is to be initiated.
European order for payment procedure is relatively new institution, which despite facilitation it introduced- still remain terra incognita. In such circumstances opinion and coordination from professional legal experts may be very useful.