the European Order for Payment comes into force on 12 December (see CPR78 and PD78). The aim is to promote swift and efficient recovery of uncontested money claims in cross-border cases. Enforcement is streamlined, since the requirement for a declaration of enforceability, and the possibility of opposing the judgment are abolished. All in all the procedure is straightforward: a claim is made on a prescribed form, and an order is issued and served. If no statement of opposition is sent to the court within 30 days of service, then the court declares the order enforceable. If a statement of opposition is lodged, then the claimant asks either that the case ceases, or that it be transferred to the national system (as if it had not begun as an application for a payment order); and


the European Small Claims Procedure comes into effect on 1 January (see CPR78). The aim is to simplify cross-border small claims and civil cases, which are limited to €2,000 (excluding interest and costs). The procedure is an optional alternative to that under national law, with enforcement being governed by the law of the member state where the judgment is to be enforced. In essence, it aims to be a simple way of pursuing small claims within the EU and is much to be welcomed.



See [2008] LSG 13 November 22. © Practical Lawyer