I’ve received a legal question from Poland regarding the recovery of a credit owned by a Polish company against an Italian company. The place of performance of the obligation in question is in Poland.
We need to recover a credit in Italy. Is there a special procedure for credit recovery in the European Union ?
” The Council Regulation 1896/2006 of 12 December 2006, creating a European order for payment procedure, allows creditors to recover their uncontested civil and commercial claims according to a uniform procedure that operates on the basis of standard forms. The Regulation applies between all Member States of the European Union with the exception of Denmark. The procedure does not require presence before the court. The claimant only has to submit his application, after which the procedure will lead its own life. It does not require any further formalities or intervention on the part of the claimant. According to the Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters there shall be the special jurisdiction of the local Court in Poland (Court of the place of performance of the obligation in question —-> payment). So you could file the claim before the local Court in Poland and then obtain the European order for payment which is recognised and enforced in all Member States including Italy (and except Denmark) without the need for a declaration of enforceability. This could be a good option for your matter “.
More info available at links below:
http://ec.europa.eu/justice_home/judicialatlascivil/html/epo_information_en.htm?countrySession=5&
(English)
http://ec.europa.eu/justice_home/judicialatlascivil/html/epo_filling_it_pl.htm?countrySession=5&
(Polsky)