Cross-Border Litigation: Debt Recovery

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.

What you will learn

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.

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.

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.

This course on Cross-Border Litigation: Debt Recovery is one of the courses we are offering in Luxembourg on cross-border judicial cooperation and dispute resolution in civil and commercial matters.

Interested to learn more about the related courses? Please click below:

Cross-Border Civil Judicial Litigation
Cross-Border Judicial Cooperation in Civil Matters
EU Cross-Border Mediation in Civil Commercial and Family Matters

This course is designed for:

• EU and national civil servants;
• lawyers and in-house counsels dealing with transnational civil and commercial litigation;
• national judges and other court staff.

Project number: 2552101

Course venue
European Centre for Judges and Lawyers – EIPA Luxembourg
8 rue Nicolas Adames
1114 Luxembourg

Programme Organiser
Ms Elisa Dolci
Tel: +352 691 108 038
e.dolci@eipa.eu

Fee
The fee includes documentation, refreshments, and a lunch. Accommodation and travel costs are at the expense of the participants or their administration.

Discounts
EIPA member fee
EIPA offers a discount to all civil servants working for one of EIPA’s supporting countries, and civil servants working for an EU institution, body or agency.

Who are the supporting countries?
Civil servants coming from the following EIPA supporting countries are entitled to get the reduced fee: Austria, Belgium, Bulgaria, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Spain, Sweden.

For all other participants, the regular fee applies.

Early bird discount
The early bird discount is not cumulative with other discounts or promo codes, except for the EIPA member fee.

Loyalty coupon
As a token of appreciation we offer all our participants a loyalty coupon for one of our future courses. The offer can be shared with colleagues and relevant networks. The coupon will expire one year after its release. This discount is not cumulative with other discounts, except for the EIPA member fee.

Meals
Dietary preferences can be indicated on the registration form.

Hotel reservations
EIPA has special price arrangements with a number of hotels. Most rates are including breakfast and tourist tax. Should you wish to make use of this possibility, please book directly via the links below. Payment is to be made directly and personally to the hotel upon checking out.

Kirchberg

• Hotel D’Coque***, via https://www.coque.lu/coque-hotel-superior/online-booking, tel.: +352 43 60 60 222

Luxembourg Centre

• Hotel Parc Plaza****, at the rate of €182, (Reservation code: EIPA0118): https://www.goereshotels.com/parc-plaza-en
• Hotel Parc Bellevue***, at the rate of €150, (Reservation code: EIPA0118): https://www.goereshotels.com/belle-vue-en: +352 44 23 23 23 23; e-mail: reservation@goereshotels.com;
• Hotel Simoncini****, at the rate of €190, tel.: +352 22 28 44; e-mail: simhotel@pt.lu or simoncinihotel@pt.lu; https://www.hotelsimoncini.lu/.

Confirmation
Confirmation of registration will be forwarded to participants on receipt of the completed online registration form.

Payment
Prior payment is a condition for participation.

Cancellation policy
For administrative reasons you will be charged €150 for cancellations received within 15 days before the activity begins. There is no charge for qualified substitute participants. EIPA reserves the right to cancel the activity up to 2 weeks before the starting date. In that case, registration fees received will be fully reimbursed. EIPA accepts no responsibility for any costs incurred (travel, accommodation, etc.).

A few days before the start of the course you will receive the log-in details for accessing the course materials. You can log in here.