Picture credit: Law Scales. CC0 Licence
Research project Informed Choices in Cross Border Enforcement (IC2BE)
The efficient recovery of debts in cross-border cases is universally recognized as being of vital importance both for business -small and medium enterprises in particular- and for private individuals -consumers in a large number of cases-. In the European Union (EU), this is essential for the construction of a truly internal market. Economic operators should be able to make informed choices on the means available for them to enforce foreign decisions involving pecuniary debts.
Beyond the well known Brussels I bis Regulation (1215/15) on the recognition and enforcement of judgements on civil and commercial matters, the European Union has passed Regulations on the European Enforcement Order (EEO; 805/2004), the European Payment Order (EPO; 1896/2006), the Small Claims Procedure (ESCP; 861/2007), and the European Account Preservation Order (EAPO; 655/2014), all of which are optional for claimants. In this normative scene, the project, financed by the European Commission, aims at analysing how practitioners choose between those instruments and how they are actually applied, at disseminating their existence, their recent reforms and their application, and at raising awareness and enhancing their visibility among practitioners in the member States participating in the consortium.
Regulations to be analyzed:
-
Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claim. Consolidated 22/10/2008.
-
Regulation (EC) 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure. Consolidated 19/06/2017.
- Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure. Consolidated 13/05/2013.
- Regulation (EU) 2015/2421 amending Regulation (EC) No 861/2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 creating a European order for payment procedure
- Regulation (EU) No 655/2014 of the European Parliament and of the Council of 15 May 2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters
Download legislation (PDF):
Links to related projects and data bases: