Law

Cross-Border Debt Recovery: EU Proceedings

The purpose of this course is two-fold: to familiarise participants with the main characteristics and structure of the EOP, ESCP, and EAPO proceedings, and to shed light on the main issues practitioners and judges can encounter while using these instruments in practice

About this course

Are you a lawyer, civil servant, or national judge seeking to enhance your understanding of EU cross-border debt recovery?

The EU has created specific instruments designed to facilitate the cross-border recovery of civil and commercial claims. These instruments are the European Order for Payments (EOP), the European Small Claims Procedure (ESCP), and the European Account Preservation Order (EAPO). While these three instruments are different, they share some common traits – they only apply in civil and commercial claims with a cross-border dimension. They all rely on pre-established standard forms and are mainly written proceedings. Furthermore, they are an alternative to equivalent national civil proceedings, such as national order for payments or domestic freezing orders of bank accounts.

The purpose of the course is two-fold: to familiarise participants with the main characteristics and structure of the EOP, ESCP, and EAPO proceedings, and to shed light on the main issues practitioners and judges can encounter while using these instruments in practice.

Our experts will delve into:

  • the effective use of the EOP, ESCP, and EAPO proceedings from a practical perspective
  • the prerequisites that claimants will encounter when they submit an application such as establishing the jurisdiction
  • how to complete a standard form through the e-Justice portal

From the defendants’ perspective, the course will offer:

  • different strategies to use the remedies available to contest, to oppose, or contest the claim.
  • attention to the divergences when they are applied in one Member State compared to another.

Read our related briefing The boundaries of arbitration exclusion in the EAPO Regulation or our practitioner guide Handbook on the national information authorities responsible for investigating the debtor’s bank accounts under Article 14 of the EAPO Regulation (No. 655/2014) by our expert Dr Carlos Santaló Goris.

This course will help the participant to become acquainted with the EOP, the ESCP, and the EAPO, explaining the major differences that the application of these instruments would cause from one Member State to another.

Taking a realistic approach and using practical examples, the course will provide participants with knowledge about:

  • the common traits of the EOP, the ESCP, and the EAPO;
  • the formal and material prerequisites to apply for an EOP, an ESCP, and an EAPO;
  • the defendants’ remedies against an EOP, the ESCP, and the EAPO;
  • based on national practice, the main issues that judges and practitioners might encounter while using these instruments;
  • which aspects of the EOP, the ESCP, and the EAPO depend on the national law of the Member States;
  • the divergences in the application of the EOP, the ESCP, and the EAPO from one Member State to another;
  • how has the European Court of Justice interpreted these instruments and how such interpretation affects the way these instruments are applied in practice.

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.

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

Programme Organiser
Ms Nourhene Idani
Tel: +352 426 230 305
n.idani@eipa.eu

Fee
The fee includes documentation, refreshments and lunches. 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, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, 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

Luxembourg Centre

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.

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Our experts

Programme

09.00Registration of participants
09.30Welcome and Introduction
This session will introduce participants to the programme, providing them with a general overview of the different EU instruments in cross-border judicial cooperation in civil and commercial matters.
Dr Carlos Santaló Goris, EIPA Luxembourg – European Centre for Judges and Lawyers
10.00Common traits of the EOP, the ESCP, and the EAPO
This session will provide a brief overview on the EOP, the ESCP, and the EAPO, focusing on the common traits of these instruments, such as their cross-border nature or their alternative nature.
Dr Carlos Santaló Goris
11.00Q&A
11.15Break
11.45The European Order for Payment: from the application stage to its enforcement
The session will scrutinise the EOP procedure from the submission of an EOP application to its enforcement. This session will also provide an extensive overview of the CJEU case law on the debtors’ opposition to the EOP and the review of the EOP.
Dr Elena Alina Onţanu, Assistant Professor at the Department of Private, Business, and Labour Law at Tilburg Law School
12.45Q&A
13.00Lunch
14.30Case study on the EOP
Dr Elena Alina Onţanu, Assistant Professor at the Department of Private, Business, and Labour Law at Tilburg Law School
15.30The European Small Claims Procedure (ESCP): from lack of use to a success story
During its first years in force, the ESCP was a barely used instrument. Upon the application of the 2015 reform of the ESCP Regulation, the number of ESCP applications has steadily increased across the EU. Dr Cristina M. Mariottini will guide participants through the ESCP, exploring its main characteristics and the challenges that the different actors involved in this proceeding might encounter.
Dr Cristina M. Mariottini, EIPA Luxembourg – European Centre for Judges and Lawyers
16.30Q&A
16.45End of Day 1
09.00Case study on the ESCP
Dr Cristina M. Mariottini
10.00Q&A
10.15The European Account Preservation Order (EAPO) and its embedment in the national civil procedural systems
The EAPO is the first EU cross-border interim measure that, as its name suggests, allows the attachment of bank accounts. While the EAPO is often referred to as a uniform instrument, there are many aspects that will depend on domestic procedural rules. Because of this reliance on national law, the EAPO differs significantly in the way it is applied from one Member State to another. The purpose of this session is to guide participants through the EAPO procedure highlighting the divergences they might encounter applying the EAPO across the EU.
Dr Carlos Santaló Goris
11.45Q&A
12.00Case study on the EAPO
Dr Carlos Santaló Goris
12.45Q&A
13.00Lunch break
14:30Consumers protection under the EOP, the ESCP, and the EAPO
The EOP and the EAPO both contain a special rule on jurisdiction for consumer claims. While the ESCP does not contain an equivalent provision, it is primarily used in consumer-related claims. This session will provide an analysis of these three instruments from the consumers’ perspective. It will focus on the notion of a consumer as well as special jurisdictional rules for consumer claims. The presentation will rely on real cases extracted from national case law.
Dr Cristina M. Mariottini
15:30Q&A
15:45Evaluation
16:00End of the course

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Cross-Border Debt Recovery: EU Proceedings

7 Nov 2024 - 8 Nov 2024
Luxembourg (LU)
Register before: 23 Oct 2024

Simultaneous interpretation can be offered. Contact the programme organizer for more information and conditions.

 1.140 per attendee
 970 for EIPA members
Early bird ends 12 Sep 2024

Discount policy

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, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Spain, Sweden.

For all other participants, the regular fee applies.

Early bird discount

For a limited number of training courses, EIPA offers an early bird discount.

For more information please contact us.

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Register before: 23 Oct 2024