A freelancer in Lisbon has invoiced a client in Munich who has gone silent. A family in Madrid paid a deposit to a holiday landlord in Italy who never refunded it. A small exporter in Ireland delivered goods to a distributor in Poland and has been waiting eight months for payment. Each of these people faces the same calculation: the amount is real, the debtor is in another EU country, and a full lawsuit abroad, with foreign lawyers, translations and a hearing in a language they do not speak, would cost more than the debt. The European Union built two procedures precisely for this gap. The European Order for Payment (EOP), created by Regulation (EC) No 1896/2006, produces an enforceable order for an uncontested money claim on a standard form, normally without any hearing. The European Small Claims Procedure (ESCP), created by Regulation (EC) No 861/2007 and widened in 2017, decides disputed claims of up to EUR 5,000 in a written procedure with fixed deadlines. Both results are recognised and enforced in every participating Member State without a declaration of enforceability.
This guide is written for individuals, freelancers and small companies who are owed money by someone in another EU Member State, and for the advisers helping them. It follows the text of the two Regulations as consolidated on the EU's legislation portal. It does not replace advice on the particular court, its fees and its practice in the debtor's country, which vary and which a local debt recovery lawyer will know.
First question: is your case "cross-border" in the Regulations' sense?
Both Regulations apply only to cross-border cases, and both define the term the same way: a case in which at least one of the parties is domiciled or habitually resident in a Member State other than the Member State of the court seised (Article 3(1) of each Regulation). The test is applied at the moment the application or claim form is submitted.
The definition has a consequence that surprises many non-EU creditors. A claimant based in the United Kingdom, Switzerland, the United States or Türkiye who sues a debtor in the debtor's own Member State — say, a London company suing a German customer in a German court — is not in a cross-border case as defined, because neither party is domiciled in a Member State other than that of the court. The European procedures are then unavailable, and the creditor uses the national fast-track procedure instead: the German Mahnverfahren, the French injonction de payer, the Spanish proceso monitorio, the Italian decreto ingiuntivo. By contrast, an expat who lives in Spain and is owed money by a company in Germany is in a cross-border case whichever of those two countries' courts hears it.
Two Member States are outside the system. Denmark does not take part in either Regulation. The United Kingdom ceased to participate when it left the EU; orders and judgments obtained under the procedures cannot be enforced there under the Regulations, and a UK-based debtor cannot be pursued through them. Ireland does participate.
Which procedure fits which claim
The two instruments are not alternatives to be chosen at will; each has its own field.
| Feature | European Order for Payment (Reg. 1896/2006) | European Small Claims Procedure (Reg. 861/2007) |
|---|---|---|
| Type of claim | Pecuniary claim for a specific amount that has fallen due when the application is lodged (Art. 4) | Money or non-money claims in civil and commercial matters |
| Value limit | None | EUR 5,000 at the time the claim form is received, excluding interest, expenses and disbursements (Art. 2(1)) |
| Designed for | Claims the debtor is not expected to contest | Claims that may be contested and need a decision on the merits |
| Hearing | None; the court examines the application on the form | Written by default; oral hearing only if the court considers it necessary or a party asks and the court agrees |
| Defendant's deadline | 30 days from service to lodge a statement of opposition (Art. 16(2)) | 30 days from service of the claim form to respond (Art. 5(3)) |
| If contested | Proceedings continue under the ESCP if applicable, or under ordinary national procedure (Art. 17) | The court decides on the merits |
| Result | Order declared enforceable on Form G (Art. 18) | Judgment plus certificate on Form D (Art. 20(2), 21) |
| Enforcement abroad | No declaration of enforceability needed (Art. 19) | No declaration of enforceability needed (Art. 20(1)) |
| Excluded matters | Revenue, customs and administrative matters; matrimonial property, wills and succession, insolvency, social security; most non-contractual claims (Art. 2) | Similar exclusions, plus employment law, tenancies of immovable property other than money claims, and privacy and defamation claims (Art. 2(2)) |
The practical rule of thumb: if the debtor has simply stopped paying and has no real defence, start with the European Order for Payment whatever the amount. If the debtor disputes the debt — quality of goods, an alleged set-off, a contested termination — and the claim is within EUR 5,000, go straight to the Small Claims Procedure. If the claim is disputed and above EUR 5,000, the European procedures will not decide it; you will be in ordinary national proceedings, and the choice of court and the enforcement route become the questions to take to a lawyer.
The European Order for Payment, step by step
1. The application on Form A
The claimant completes standard Form A, which is annexed to the Regulation and available in every official language. Article 7 lists what it must contain: the names and addresses of the parties and, where relevant, their representatives, and of the court; the amount of the claim, including the principal and any interest, contractual penalties and costs; if interest is claimed, the rate and the period; the cause of action, including a description of the circumstances invoked as the basis of the claim and, where applicable, of the interest; a description of the evidence supporting the claim; the grounds for the court's jurisdiction; and the cross-border nature of the case. The evidence itself is not attached; it is described. The claimant signs a declaration that the information is true to the best of their knowledge.
Which court receives the application is a question of the jurisdiction rules that apply to civil and commercial matters within the EU, typically the court of the defendant's domicile, or the court for the place of performance of the contract where those rules allow it. Member States have designated the courts competent for the procedure; in some countries a single central court handles all European orders, in others the ordinary local courts do.
2. The court's examination and the 30-day target
The court examines, on the basis of the form, whether the requirements are met and whether the claim appears to be founded. It may ask the claimant to complete or rectify the application, and it may propose a modification where only part of the claim meets the requirements. If the requirements are met, Article 12(1) provides that the court issues the European Order for Payment as soon as possible and normally within 30 days of the lodging of the application. The order is issued together with a copy of the application form.
3. Service and the defendant's two choices
The order is served on the defendant in accordance with the national law of the State where service takes place, subject to the minimum standards on service laid down in the Regulation. Under Article 12(3), the order informs the defendant that they may either pay the amount indicated in the order to the claimant, or oppose the order by lodging a statement of opposition with the court of origin, to be sent within 30 days of service. The defendant is also told that the order was issued solely on the information provided by the claimant and not verified by the court, that it will become enforceable unless a statement of opposition is lodged in time, and that where opposition is lodged the proceedings continue before the competent courts of the Member State of origin under the rules of ordinary civil procedure, unless the claimant has asked for the proceedings to be terminated in that event.
4. Opposition: Form F, no reasons required
The defendant opposes using standard Form F, or otherwise in writing, within 30 days of service (Article 16(2)). The defendant does not have to state reasons; it is enough to indicate that the claim is contested. If opposition is lodged in time, Article 17 provides that the proceedings continue before the competent courts of the Member State of origin in accordance with the rules of the European Small Claims Procedure, if applicable, or of any appropriate national civil procedure — unless the claimant explicitly requested, in the application, that the proceedings be terminated in the event of opposition. A claimant who does not want to litigate a contested claim in the debtor's country should tick that box on Form A.
5. No opposition: enforceability on Form G
If no statement of opposition is lodged within the 30 days, taking into account an appropriate period for it to arrive, the court of origin without delay declares the order enforceable using standard Form G (Article 18). An enforceable European Order for Payment is recognised and enforced in the other Member States without the need for a declaration of enforceability and without any possibility of opposing its recognition (Article 19). The creditor takes the order and Form G to the enforcement authorities in the Member State where the debtor's assets are, with a translation where required, and enforcement proceeds under that State's law as if the order were a domestic one.
6. What the defendant can still do afterwards
Article 20 allows the defendant to apply to the court of origin for a review in exceptional cases: where the order was served without proof of receipt and not in sufficient time to arrange a defence, or where the defendant was prevented from objecting by force majeure or extraordinary circumstances without any fault of their own, provided they act promptly; and where the order was clearly wrongly issued having regard to the Regulation's requirements or due to other exceptional circumstances. If the review succeeds, the order is null and void. In the enforcing State, Article 22 allows enforcement to be refused if the order is irreconcilable with an earlier decision between the same parties on the same cause of action, or if the defendant has already paid the amount awarded; Article 23 allows the enforcing court to limit enforcement to protective measures, make it conditional on security, or stay it while a review application is pending.
The European Small Claims Procedure, step by step
1. Scope and the EUR 5,000 line
The procedure applies in cross-border civil and commercial matters where the value of the claim does not exceed EUR 5,000 at the time the claim form is received by the competent court, excluding all interest, expenses and disbursements (Article 2(1) as amended by Regulation 2015/2421, in force since 14 July 2017; the original ceiling was EUR 2,000). The claim need not be for money: a claim for delivery of goods, for the return of an item or for a declaration can be brought if its value fits. Consumers, freelancers and businesses can all use it, as claimants or defendants.
2. Claim form A and the written procedure
The claimant fills in standard Form A for the Small Claims Procedure, describes the claim and the evidence, and attaches the relevant supporting documents. The form is lodged with the competent court directly, by post or by any other means of communication the court accepts. The procedure is written; the court holds an oral hearing only if it considers it necessary or if a party requests one and the court does not refuse the request as unnecessary for a fair trial. Hearings, where they take place, may be held by videoconference or similar technology.
3. Deadlines that structure the case
After receiving a properly completed claim form, the court sends the defendant a copy of the claim, the supporting documents and an answer form. The defendant must respond within 30 days of service of the claim form and answer form (Article 5(3)). Any counterclaim is served on the claimant, who has 30 days to respond to it (Article 5(6)). A counterclaim that exceeds EUR 5,000 takes the whole case outside the procedure. Within 30 days of receiving the response from the defendant or the claimant within the time limits, the court must give its judgment, or ask the parties for further details within a specified period not exceeding 30 days, or take evidence, or summon the parties to a hearing to be held within 30 days of the summons (Article 7(1)). Documents are served by post with an acknowledgement of receipt including the date of receipt, or by electronic means where the Regulation's conditions are met (Article 13).
4. Costs, fees and representation
Representation by a lawyer is not mandatory. The unsuccessful party bears the costs of the proceedings, but the court does not award costs that were unnecessarily incurred or that are disproportionate to the claim. Under Article 15a, inserted in 2017, the court fees charged for the procedure must not be disproportionate and must not be higher than the fees charged for the Member State's own simplified procedures, and Member States must accept payment by distance means such as bank transfer or card. National practice on the actual fee amounts differs, and it is one of the points to check with the court or a local adviser before filing.
5. Judgment, Form D and enforcement without exequatur
The judgment is enforceable notwithstanding any possible appeal, without security. At the request of a party, the court issues a certificate on Form D concerning the judgment at no extra cost. A judgment given in the procedure is recognised and enforced in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition (Article 20(1)). To enforce, the creditor provides the enforcement authorities with a copy of the judgment and of the Form D certificate, with a translation where required (Article 21). Enforcement itself follows the law of the enforcing State. The debtor may apply for refusal of enforcement only on narrow grounds, essentially an irreconcilable earlier judgment, and may apply for a review before the court of origin where the claim form or summons was not served in a way that allowed a defence, or where they were prevented from responding by force majeure or extraordinary circumstances.
Choosing between the two when both are available
For a money claim under EUR 5,000 that the debtor has ignored rather than disputed, the Order for Payment is usually the better opening move: no evidence has to be attached, the court's examination is on the form, and if the debtor does not react within 30 days the creditor has an enforceable title without ever litigating the merits. If the debtor opposes, the case converts into the Small Claims Procedure where the Regulation allows it, so nothing is lost except time. For a claim the debtor is certain to contest, starting in the Small Claims Procedure saves the 30-day opposition window and puts the evidence before the court from the outset. For claims above EUR 5,000 that may be contested, the Order for Payment remains available, but a contested case will then continue under ordinary national procedure in the debtor's Member State, which is the scenario in which local representation matters most.
Practical points that decide the outcome
- Get the debtor's address right. Service is the hinge of both procedures. An order served at a wrong or outdated address is the classic ground for a later review under Article 20; verify the debtor's registered office or residence before filing.
- Quantify precisely. The Order for Payment is for a specific amount that has fallen due. State principal, interest rate and period, contractual penalties and costs separately on Form A; a vague total invites a request for rectification and delay.
- Describe, then keep, the evidence. For the EOP you describe the evidence rather than attach it, but you will need it if the debtor opposes. For the ESCP attach it from the start.
- Decide in advance what happens on opposition. Form A for the EOP lets the claimant ask that proceedings be terminated if the debtor opposes. A creditor who does not want to litigate in the debtor's country should say so on the form rather than discover the transfer to ordinary proceedings afterwards.
- Mind the 30-day deadlines on the defendant's side too. If you receive a European Order for Payment or a Small Claims claim form from another Member State, the 30 days run from service. Missing them turns a defensible claim into an enforceable title.
- Plan enforcement before you sue. An enforceable order is only worth what can be seized. Find out where the debtor has a bank account, receivables or property; that is the Member State in which the order or judgment, with its Form G or Form D certificate, will be presented.
- Check translation requirements. Enforcement authorities may require a translation of the order or judgment into their official language. The standard forms themselves reduce the burden because their structure is identical in every language, but free-text passages still need translating.
The procedures were designed so that a creditor can begin without a lawyer, and many do. Where the debt is large, the debtor is likely to oppose, or enforcement will have to be pursued against assets in a country whose enforcement system you do not know, a debt recovery lawyer in the relevant Member State will typically pay for themselves in the time saved and the mistakes avoided. The forms, the deadlines and the enforcement without exequatur are the EU's contribution; knowing the local court is the lawyer's.
Frequently asked questions
Can I use the European Order for Payment if I live outside the EU and my debtor is in an EU country?
Usually not. Both Regulations define a cross-border case as one in which at least one party is domiciled or habitually resident in a Member State other than the Member State of the court seised (Article 3(1)). A creditor in the United Kingdom, Switzerland, the United States or Türkiye who sues a debtor before the courts of the debtor's own Member State does not meet that definition, because neither party is domiciled in a different Member State from the court. In that situation the national payment-order procedure of the debtor's country is the route, for example the German Mahnverfahren, the Spanish proceso monitorio or the Italian decreto ingiuntivo. An expat who lives in one Member State and pursues a debtor in another is within the definition.
Is there a maximum amount for the European Order for Payment?
No. Regulation 1896/2006 applies to pecuniary claims for a specific amount that have fallen due at the time the application is submitted, with no upper limit. The EUR 5,000 ceiling belongs to the European Small Claims Procedure under Regulation 861/2007, where it is measured at the time the claim form is received by the court and excludes interest, expenses and disbursements.
What happens if the debtor opposes the European Order for Payment?
The debtor has 30 days from service to lodge a statement of opposition, on Form F or otherwise in writing, and does not need to give reasons. If opposition is lodged in time, Article 17 provides that the proceedings continue before the competent courts of the Member State of origin under the European Small Claims Procedure, if it applies, or under ordinary national civil procedure. The exception is where the claimant expressly asked in the application that the proceedings be terminated in the event of opposition; in that case the case ends and the claimant decides whether to sue separately.
How long does the court take to issue a European Order for Payment?
Article 12(1) provides that, if the requirements are met, the court issues the order as soon as possible and normally within 30 days of the lodging of the application. That period does not include the time the claimant takes to complete or rectify the form at the court's request. After service, the defendant has a further 30 days to pay or oppose, so an uncontested claim typically yields an enforceable order within a few months of filing, depending on the speed of service in the debtor's country.
Do I need a lawyer for the European Small Claims Procedure?
No. Representation by a lawyer or other legal professional is not mandatory in the European Small Claims Procedure, and the standard forms and the written nature of the procedure are designed so that a party can conduct it alone. The court is required to provide practical assistance in filling in the forms and Member States must make them available. A lawyer becomes useful when the debtor raises a substantive defence, when a counterclaim is expected, or when enforcement will have to be pursued against assets in a country whose system the creditor does not know.
Can the debtor appeal or challenge the result after enforcement has started?
The remedies are deliberately narrow. Under the Order for Payment Regulation, the defendant may ask the court of origin for a review in exceptional cases under Article 20, essentially where service did not allow a defence to be arranged, where force majeure or extraordinary circumstances prevented opposition, or where the order was clearly wrongly issued; in the enforcing State, enforcement may be refused if the order is irreconcilable with an earlier decision or the debt has been paid, and it may be stayed or limited while a review is pending (Articles 22 and 23). Under the Small Claims Regulation, whether an ordinary appeal is available depends on the Member State of the court, but the judgment is enforceable notwithstanding any appeal and recognition cannot be opposed in the enforcing State; refusal of enforcement is limited to irreconcilability with an earlier judgment, and a review before the court of origin is available where the claim form was not served in a way that allowed a defence or where the defendant was prevented from responding without fault.
Which countries are outside the two procedures?
Denmark does not participate in either Regulation, so neither procedure can be used before Danish courts or enforced there under the Regulations. The United Kingdom stopped participating when it left the European Union; orders and judgments obtained under the procedures are not enforceable in the UK under the Regulations and a debtor domiciled in the UK cannot be pursued through them. All other Member States, including Ireland, apply both procedures.