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How does dunning of defaults against debtors from EU countries work?

Since the application of Regulation 2015/2421 from 14 July 2017, the European order for payment procedure has been modified. Previously, this procedure for claiming debts between countries of the European Union was regulated in Regulation 1896/2006. In this way, the aim is to simplify and speed up disputes between cross-border disputes, making it much easier to resolve conflicts at European level.

The European order for payment procedure is applicable in cross-border civil and commercial cases, when each of the parties is resident in different EU Member States.

In order to claim the amounts due, it will be a prerequisite that the principal amount of the debt is due and payable on the date on which the application for a European order for payment is lodged. In matters of jurisdiction, the court of the country in which the defendant's domicile is situated shall have jurisdiction.

If the claim continues with the normal formalities, the court of the country having jurisdiction shall issue a European order for payment within 30 days of the date on which the application was lodged. During the proceedings, the two ways in which the defendant can proceed are detailed:

1- Paying the plaintiff the amount referred to in the order

2- To present opposition to the request within a period of 30 days.

Once the proceedings have been completed, if the court accepts the complaint and the defendant is to be sentenced, the order will be enforceable, which means that it will be recognised and can be enforced directly in any of the other Member States of the European Union without the need for homologation.

If you need to resolve any doubts, do so here.

Contact us, and our debt specialist lawyers will study your specific case. 

At Forcam Abogados we have offices in Barcelona, Tarragona, Reus and Tarrega.