Suchergebnisse

In the spirit of the Treaty of institution of the European Community and consideringthe need to maintain and develop a space of freedom, security and justice in the purpose ofthe free circulation of individuals, of goods, services and commodities, the Communityconsidered as opportune the adoption of certain measures in the field of judicial cooperationin civil and commercial field, which to have a cross-border incidence, therefore instituting, onEuropean level, a new freedom, the one of free circulation of the legal decisions. Therefore, itwas adopted the (EC) Regulation no. 1896/2006 of the European Parliament and Council asof 12.12.2006 regarding the institution of an European procedure of payment order, of whichpurpose is the one to simplify, to accelerate and reduce the procedure costs in the crossbordercauses regarding non-challenged pecuniary receivables, also ensuring the freecirculation of the European orders for payment within all the member states by establishingsome minimum standards of which compliance removes any other intermediary procedure inthe member state of execution before acknowledging the execution1.

This article is devoted to the institution of enforcement refusal of the European order for payment pursuant to Article 22 of Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of 12 th December 2006 creating a European order for payment procedure. This question has not been developed in the Polish literature yet. In Polish law an application for enforcement refusal of the European order for payment is called a legal action for refusal of enforcement order under the enforcement clause of the European order for payment. This article has been written with a view to analyzing Union and national regulations pertaining to enforcement refusal of the European order for payment. This article consists of a comparative legal analysis of the following tasks: the legal basis for applying for enforcement refusal, the entity authorized in the application, the national judicature of a competent court to consider the application and proceedings in which a defendant shall be entitled to enforcement refusal of the European order for payment. What is more, the legal character of this remedy of defense of the rights of a debtor and his attitude towards other legal remedies of defense of a debtor under the Civil Procedure Code have been taken into consideration in this article. The final chapter concludes the detailed analysis of the thesis. It has been concluded that the introduction of a legal action for enforcement refusal to the Civil Procedure Code has not deprived a debtor of his right to other legal measures defined in the Code. This legal action is meant to eliminate so called "titles collision" which could not be prevented earlier by a debtor.

This article is devoted to the institution of enforcement refusal of the European order for payment pursuant to Article 22 of Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of 12th December 2006 creating a European order for payment procedure. This question has not been developed in the Polish literature yet. In Polish law an application for enforcement refusal of the European order for payment is called a legal action for refusal of enforcement order under the enforcement clause of the European order for payment. This article has been written with a view to analyzing Union and national regulations pertaining to enforcement refusal of the European order for payment. This article consists of a comparative legal analysis of the following tasks: the legal basis for applying for enforcement refusal, the entity authorized in the application, the national judicature of a competent court to consider the application and proceedings in which a defendant shall be entitled to enforcement refusal of the European order for payment. What is more, the legal character of this remedy of defense of the rights of a debtor and his attitude towards other legal remedies of defense of a debtor under the Civil Procedure Code have been taken into consideration in this article. The final chapter concludes the detailed analysis of the thesis. It has been concluded that the introduction of a legal action for enforcement refusal to the Civil Procedure Code has not deprived a debtor of his right to other legal measures defined in the Code. This legal action is meant to eliminate so called "titles collision" which could not be prevented earlier by a debtor.

This article is devoted to the institution of enforcement refusal of the European order for payment pursuant to Article 22 of Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of 12th December 2006 creating a European order for payment procedure. This question has not been developed in the Polish literature yet. In Polish law an application for enforcement refusal of the European order for payment is called a legal action for refusal of enforcement order under the enforcement clause of the European order for payment. This article has been written with a view to analyzing Union and national regulations pertaining to enforcement refusal of the European order for payment. This article consists of a comparative legal analysis of the following tasks: the legal basis for applying for enforcement refusal, the entity authorized in the application, the national judicature of a competent court to consider the application and proceedings in which a defendant shall be entitled to enforcement refusal of the European order for payment. What is more, the legal character of this remedy of defense of the rights of a debtor and his attitude towards other legal remedies of defense of a debtor under the Civil Procedure Code have been taken into consideration in this article. The final chapter concludes the detailed analysis of the thesis. It has been concluded that the introduction of a legal action for enforcement refusal to the Civil Procedure Code has not deprived a debtor of his right to other legal measures defined in the Code. This legal action is meant to eliminate so called "titles collision" which could not be prevented earlier by a debtor.

The rapid and efficient recovery of certain liquid and due claims is a goal assumed by the Member States of the European Union, having a special importance for economic operators in the European Union, as late payments are a major cause of insolvency, which increasingly threatens small and middle sized enterprises.
Thus, the European Parliament adopted Regulation (EC) no. 1896/2006 establishing a procedure for issuing a joint European order for payment, as well as Regulation (EC) no. 861/2007 establishing a common European debt procedure, the purpose of which is to simplify, speed up and reduce the costs of settling cross-border disputes concerning uncontested pecuniary claims by issuing a European order for payment and ensuring the free movement of European order for payments, legal transactions and documents in all Member States by setting minimum standards the observance of which makes any intermediate procedure in the Member State of enforcement unnecessary before recognition and enforcement.

In this article the author analysis certain issues of application of the European payment order procedure. Relationship between the rules established in the European Union legal instrument – the regulation – and national civil procedure norms is discussed as far as they concern procedural requirements for document instituting the proceedings. Amenability of applications for issuing the European payment order is surveyed. The author proposes certain changes in legal regulation.

In this article the author analysis certain issues of application of the European payment order procedure. Relationship between the rules established in the European Union legal instrument – the regulation – and national civil procedure norms is discussed as far as they concern procedural requirements for document instituting the proceedings. Amenability of applications for issuing the European payment order is surveyed. The author proposes certain changes in legal regulation.

In this article the author analysis certain issues of application of the European payment order procedure. Relationship between the rules established in the European Union legal instrument – the regulation – and national civil procedure norms is discussed as far as they concern procedural requirements for document instituting the proceedings. Amenability of applications for issuing the European payment order is surveyed. The author proposes certain changes in legal regulation.

In this article the author analysis certain issues of application of the European payment order procedure. Relationship between the rules established in the European Union legal instrument – the regulation – and national civil procedure norms is discussed as far as they concern procedural requirements for document instituting the proceedings. Amenability of applications for issuing the European payment order is surveyed. The author proposes certain changes in legal regulation.

In deze bijdrage wordt naar aanleiding van het gewijzigde voorstel voor een Europese betalingsbevelprocedure (2006) aandacht besteed aan de harmonisatie van het IPR en procesrecht in de Europese Unie, de totstandkoming van de Europese betalings-bevelprocedure, doelstelling en toepassingsgebied van de voorgestelde verordening, het verloop van de procedure en de gevolgen voor Nederland. Tot slot wordt gewezen op het belang van de coherentie van het Europees procesrecht, dat op deelgebieden en in ver-schillende instrumenten momenteel tot stand wordt gebracht. Abstract: [European Civil Procedure under Construction. The (amended) proposal for a European Order for Payment Procedure] On the occasion of the publication of the amended proposal for a European Order for Payment Procedure (2006) attention is paid to the harmonisation of Private International Law and Procedural Law in the European Union, the bringing about of the European Order for Payment Procedure, the objectives and scope of the proposed regulation, the course of the proceedings and its impact in the Netherlands. It is pointed out that it is important to ensure the coherence of European procedural law, since it is being brought about in pieces and in different instruments.

The Netherlands used to have a national payment order procedure that was quite similar to the present European Order for Payment Procedure. This procedure was replaced by a procedure for the recovery of uncontested claims in cross-border cases, though not in national cases. Although the Netherlands legislator allows filing a request to obtain a European order for payment via email, it has not yet come into force. Applications (in Dutch) for a European order for payment may be submitted to the district court in The Hague. There are two ways in the Netherlands for serving the defendant with an European Payment Order. It can be sent to the defendant by registered mail or it can be served by a bailiff. The Dutch Execution Act has not introduced any specific formal requirements for the defendant's statement of opposition. The opposition in the Netherlands does not have to be reasoned. The review procedure is a procedure unfamiliar to Dutch civil procedure. However, it resembles a Dutch procedure in which a defendant appeals against a sentence of a procedure in which he did not appear in court (decision in abstentia). ; Nizozemski postopek za izdajo plačilnega naloga, ki je bil precej podoben sedanjemu evropskemu postopku za izdajo plačilnega naloga, je nadomestil postopek za izterjavo nespornih zahtevkov v čezmejnih zadevah, čeprav ne za nacionalne primere. Kljub temu, da nizozemska zakonodaja omogoča vložitev zahteve za pridobitev evropskega plačilnega naloga prek elektronske pošte, se to še ne izvaja. Vloge (v nizozemščini) za izdajo evropskega plačilnega naloga se lahko vložijo pri okrožnem sodišču v Haagu. Na Nizozemskem obstajata dva načina vročitve evropskega plačilnega naloga toženi stranki. Lahko se ji pošlje s priporočeno pošto ali pa ji ga vroči sodni uslužbenec. Nizozemski zakon o izvršbi ni uvedel nobenih posebnih formalnih zahtev za opozicijsko izjavo tožene stranke. Ugovor na Nizozemskem ni treba obrazložiti. Revizijski postopek je nizozemskemu civilnemu postopku nepoznan postopek. Je pa podoben nizozemskemu postopku, v katerem tožena stranka vloži pritožbo zoper odločbo v postopku, v katerem je bila odsotna (sodba in abstentia).