Cross-Border Debt Recovery: EU Proceedings

Conference Details

Date: 07 November 2024

Time: 09:00

Duration: 2 days

Location: Luxembourg, 8 rue Nicolas Adames, 1114 Luxembourg

Cost: € 970 - € 1140

Organiser: ECJL - European Centre for Judges and Lawyers/EIPA Luxembourg

Conference Website

Conference Description

The EU has created specific instruments designed to facilitate the cross-border recovery of civil and commercial claims. These instruments are the European Order for Payments (EOP), the European Small Claims Procedure (ESCP), and the European Account Preservation Order (EAPO). While these three instruments are different, they share some common traits – they only apply in civil and commercial claims with a cross-border dimension. They all rely on pre-established standard forms and are mainly written proceedings. Furthermore, they are an alternative to equivalent national civil proceedings, such as national order for payments or domestic freezing orders of bank accounts.

The purpose of the course is two-fold: to familiarise participants with the main characteristics and structure of the EOP, ESCP, and EAPO proceedings, and to shed light on the main issues practitioners and judges can encounter while using these instruments in practice.

Our experts will delve into:

• the effective use of the EOP, ESCP, and EAPO proceedings from a practical perspective;
• the prerequisites that claimants will encounter when they submit an application such as establishing the jurisdiction;
• how to complete a standard form through the e-Justice portal.

From the defendants’ perspective, the course will offer:

• different strategies to use the remedies available to contest, to oppose, or contest the claim;
• attention to the divergences when they are applied in one Member State compared to another.