THE EUROPEAN ORDER FOR PAYMENT PROCEDURE
DOI:
https://doi.org/10.15837/aijjs.v7i2.531Keywords:
order for payment, payment ordinance, European procedure, nonchallenged pecuniary receivableAbstract
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 of
the free circulation of individuals, of goods, services and commodities, the Community
considered as opportune the adoption of certain measures in the field of judicial cooperation
in civil and commercial field, which to have a cross-border incidence, therefore instituting, on
European level, a new freedom, the one of free circulation of the legal decisions. Therefore, it
was adopted the (EC) Regulation no. 1896/2006 of the European Parliament and Council as
of 12.12.2006 regarding the institution of an European procedure of payment order, of which
purpose is the one to simplify, to accelerate and reduce the procedure costs in the crossborder
causes regarding non-challenged pecuniary receivables, also ensuring the free
circulation of the European orders for payment within all the member states by establishing
some minimum standards of which compliance removes any other intermediary procedure in
the member state of execution before acknowledging the execution1.
References
Răducan Gabriela, Niţă Carolina Maria, Regulamentul (CE) nr. 44/2001 of the Council as of 22.12.2002 regarding the judicial competence, acknowledgment and execution of the decisions in civil and commercial field (Brussel I). Comentarii ÅŸi explicaţii privind aplicarea în dreptul intern ÅŸi în dreptul european (Engish: Comments and explanations regarding the enforcement in the domestic and European law), Hamangiu Publishng House,
Bucharest, 2011;
Angheni Smaranda, Răducan Gabriela, Issues regarding the European order for payment, in Analele Universităţii Titu Maiorescu, Seria Drept, Bucharest 2007;
ilipescu P. Ion, Filipescu I. Andrei, Tratat de drept internaţional privat (English: Treaty of private international law), “Universul Juridic†Publishing House, Bucharest, 2007;
(CE) Regulation no. 1896/2006 of the European Parliament and Council from the 12th of December 2006 for institution of an European order for payment procedure, published in the Official Journal of the European Union L399/1 as of the 30th of December 2006;
(CE) Regulation no. 44/2001 of the Council from the 22nd of December 2000 regarding the legal competence, acknowledgment and execution of the decisions in civil and commercial field, published in the Official Journal of the European Union L 12 from the 16th of January 2001.
