Cross-Border Litigation: Debt Recovery

This course will provide participants with a comprehensive understanding of the EOP, the ESCP, and the EAPO, highlighting the significant differences in how these instruments are applied across various Member States.

Adopting a practical and realistic approach, the course will equip participants with essential knowledge on:

• the common features shared by the EOP, ESCP, and EAPO;
• the formal and substantive prerequisites for initiating proceedings under these instruments;
• the remedies available to defendants to contest an EOP, ESCP, or EAPO;
• the main challenges judges and legal practitioners may face in applying these instruments, based on national practice;
• the extent to which national law influences the application of these EU instruments;
• the variations in implementation across different Member States and their impact on legal proceedings;
• the interpretation of these instruments by the Court of Justice of the European Union (CJEU) and the practical implications for their application.

This course will explore the EU’s legal instruments for the cross-border recovery of civil and commercial claims, focusing on their role in enhancing efficiency and legal certainty across Member States. The discussion will centre on three key instruments: the European Order for Payment (EOP), the European Small Claims Procedure (ESCP), and the European Account Preservation Order (EAPO). Each of these mechanisms has been designed to provide an alternative to national civil procedures, such as the domestic order for payment mechanisms and bank account freezing orders, offering a more streamlined and harmonised approach to debt recovery within the EU.

While distinct in their scope and application, these instruments share important common features. They apply exclusively to cross-border civil and commercial claims, rely on standardised pre-established forms, and are primarily conducted as written proceedings, reducing procedural complexity and costs. The session will examine how these instruments function in practice, their advantages in comparison to traditional national procedures, and their impact on cross-border litigation.

By providing a comprehensive overview of these legal tools, the course aims to equip participants with a deeper understanding of their application, benefits, and challenges. Through expert insights and case-based discussions, attendees will gain practical knowledge of how these instruments contribute to a more effective and uniform legal framework for cross-border debt recovery in the EU.

The course serves a dual purpose: to familiarise participants with the key characteristics and structure of the EOP, the ESCP, and the EAPO, and to address the practical challenges that practitioners and judges may face when applying these instruments.

Our experts will provide in-depth insights into:

• the practical application of EOP, ESCP, and EAPO proceedings, focusing on their effective use in cross-border cases;
• the procedural prerequisites claimants must meet when submitting an application, including the establishment of jurisdiction;
• the completion of standard forms using the e-Justice portal, ensuring accuracy and compliance with procedural requirements.

From the defendants’ perspective, the course will explore:

• strategies for contesting or opposing a claim, including the use of available remedies;
• variations in the application of these instruments across Member States, highlighting key differences in national implementation.

By combining expert analysis with practical guidance, this course aims to equip participants with the knowledge and tools necessary to navigate these EU instruments effectively in their legal practice.

By combining expert insights with real-world examples, this course will enable participants to navigate the complexities of these legal instruments and apply them effectively in cross-border cases.