European Order for Payment Process


You may resort to the European Order for Payment Process before some cross-border litigation in the event that at least one of the parties is domiciled or has their habitual residence in a Member State of the European Union other than that to which the jurisdictional body before which the dispute has been filed belongs.

The claim must be for uncontested pecuniary credits, although, unlike the Spanish order for payment, it includes not only claims of a civil or commercial nature; with exceptions such as assumptions related to debts derived from matrimonial regimes; but also those derived from the employment contract.

For this, the body before which the petition is presented must be competent and it is made through an official form that must be addressed to the Court of First Instance in Spain.

It should be noted that if the petition is processed and the debtor party is notified, the latter may oppose the petition without further processing. Given this possibility, it is possible to opt for the process to continue through the corresponding national court procedure if said circumstance occurs.

Lastly, the European process for small claims should be mentioned, applicable to claims that do not exceed EUR 5,000, together with the rest of the requirements established by regulation.