European order for payment

Mihail Tomov, Lawyer | Varna

Under Article 6 of Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure, jurisdiction is determined in accordance with the relevant rules of Community law. The article refers in particular to Regulation (EC) No. 44/2001. Under Article 5(1) in Chapter II, Section 2 (‘Special jurisdiction’) of that Regulation, a person domiciled in a Member State may be sued in another Member State in matters relating to a contract, in the courts for the place of performance of the obligation. In the case of a sale of goods, this is the place in a Member State where, under the contract, the goods were delivered or should have been delivered (Article 5(1)(b), first indent). This rule is identical to the applicable provision in Article 7(1)(b), first indent, of Regulation (EU) No. 1215/2012.

These considerations, together with Article 12 of Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure, determine which court has jurisdiction to issue the order.

This article is not a legal opinion or legal advice. For assistance in a similar case, consult an experienced civil lawyer.