On 12.12.2006 the European Parliament adopted Ordinance (EC) No. 1896/2006 establishing the course of proceedings for European Order for Payment. Regulation became binding on 12.12.2008 and applies to all Member States of the European Union except Denmark.
The aim of the Regulation is to expedite and simplify court proceedings in transborder cases related to undisputable claims in civil and commercial cases by means of establishing proceedings related to European Orders for Payment and free circulation thereof. The aim of Regulation is to create an autonomous European procedure.
The proceedings do not require a court hearing. Plaintiff only needs to submit a petition, then the proceedings shall be carried out without his presence. There is no need for plaintiff to go through any other formalities or undertake any further action. Regulation stipulates the use of seven standard forms. The applications for issuing European Orders for Payment and other legal submissions in the proceedings may only be submitted in the written form. Submissions may be sent by post or submitted directly to the court in charge of adjudicating the case.
Courts of proper jurisdiction are regional and district courts for purposes of venue and jurisdiction as stipulated in the regulations of the Code of the Civil Proceedings of 17th November 1964, (Dz. U. No. 43, Item 296, as amended). Jurisdiction is regulated by Art. 16, Art. 17 and Art. 461 § l1 in connection with Art 50516 §1 of the Code of the Civil Proceedings while the venue is regulated by Art. 27-46 and Art. 461 §1 in relation to Art. 50516 §1 of the Code of Civil Proceedings.
Scope of application:
Ordinance 805/2004 applies for civil and commercial matters. Sentences which may be certified with EEO include recognition of judgments, default judgments, settlements concluded before the court during the proceedings, settlements contained in the conciliation proceedings and as a result of mediation, approved by the court.