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Cross-Border Debt Recovery: EU Proceedings
Creditors seeking to recover a cross-border pecuniary claim within the EU can rely on different proceedings expressly designed by the EU legislation to facilitate the recovery of those debts. These instruments are the European Enforcement Order (EEO) (Regulation No 805/2004), the European Payment Order (EPO) (Regulation No 1896/2006), the European Small Claims Procedure (ESCP) (Regulation No 851/2006) and the European Account Preservation Order (EAPO) (Regulation No 655/2014).
This course offers a comprehensive overview and analysis of all these instruments from a practical perspective. It will scrutinise each of these proceedings from the moment a request is submitted until the enforcement phase. Such analysis will be done taking into account relevant case law rendered by the Court of Justice of the European Union and national courts, which will serve to highlight the most recurrent issues that creditors and debtors confront in these proceedings. The theoretical explanations are complemented with case studies, giving participants with a practical dimension of what they might encounter while using these instruments in real life.
What will you learn
By the end of this course, participants will attain a good understanding of the following aspects:
- how to assess whether a claim falls within the material and territorial scope of application of any of the scrutinised EU civil proceedings;
- the prerequisites to satisfying access these proceedings;
- the different mechanisms that defendants have at their disposal to intervene in these proceedings;
- the deviations that these proceedings experience in their application from one Member State of the role of national law in their configuration;
- how to fulfil the pre-established standard forms employed in these proceedings.
Course methodology/highlights
The course combines a theoretical explanation of the scrutinised EU civil procedural instruments along with case studies that participants must solve, with guidance offered by the trainers. Overall, the course has an interactive character, giving room for participants to intervene in each session while trainers will often ask questions to the participants to trigger discussions.
This course is designed to provide participants with the necessary knowledge and sources of information to use the different EU civil procedural instruments specialised in cross-border debt recovery in an efficient manner.
Prior to the course, you will be given access to the course materials on our digital learning platform. This includes a short questionnaire, which will help us identify any specific questions you may have so we can consider as many of them as possible during the course.
Preparatory reading and materials will be available on the platform to facilitate joining the course. All course materials will be made available for the participants.
After the event, additional materials and references to relevant literature, documents and websites will be accessible on our learning platform.
This course might be of particular interest for:
- lawyers and other private legal practitioners who deal with cross-border claims;
- in-house legal counsels in corporations and banks;
- bailiffs and other civil enforcement agents;
- judges and court clerks;
- civil servants in governmental institutions working in the field of cross-border judicial cooperation;
- legal advisors in consumer associations.
Course venue
European Centre for Judges and Lawyers – EIPA Luxembourg
8 rue Nicolas Adames
1114 Luxembourg
Programme Organiser
Ms Blanka Opletalova
Tel: +352 426 230 305
b.opletalova@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.
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 Melia*****, at the rate of €219, via tel.: +352 27 33 32 06 or via e-mail: melia.luxembourg@melia.com (booking code: 01350007ZKC)
- Hotel Novotel Kirchberg****, at the rate of €190, tel.: +352 429848-1; booking page: accorhotels.com (Company ID: SC000002048 – Access Code: IN281LU654).
- Hotel D’Coque***, via https://www.coque.lu/coque-hotel-superior/online-booking, tel.: +352 43 60 60 222
Luxembourg Centre
- Hotel Français***, at the rate of €150, tel.: +352 47 45 34; e-mail: info@hotelfrancais.lu; https://www.hotelfrancais.lu/ (Reservation code: EIPA).
- Hotel Parc Plaza****, at the rate of €168, (Reservation code: EIPA0118): https://www.goereshotels.com/parc-plaza-en
- Hotel Parc Bellevue***, at the rate of €137, (Reservation code: EIPA0118): https://www.goereshotels.com/belle-vue-en: +352 44 23 23 23 23; e-mail: reservation@goereshotels.com;
- Hotel Domus***, at the rate of between €144 and €156, tel.: +352 46 78 78 1; fax: +352 46 78 79; e-mail: info@domus.lu; https://www.domus.lu/(Reservation code: EIPA) – breakfast not included
- Hotel Simoncini****, at the rate of €180, tel.: +352 22 28 44; e-mail: simhotel@pt.lu or simoncinihotel@pt.lu; https://www.hotelsimoncini.lu/.
Railway Station Area
- Hotel City****, at the rate of €165, tel.: +352 29 11 22; e-mail: mail@cityhotel.lu; cityhotel.lu (Reservation code: EIPA).
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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Programme
08.30 | Registration of participants |
09.00 | Welcome and mutual introduction Dr Carlos Santaló Goris, Lecturer at EIPA Luxembourg – European Centre for Judges and Lawyers |
09.15 | Background and common traits of the EU civil procedural instruments specialised in cross-border debt recovery Dr Carlos Santaló Goris |
10.00 | Discussion |
10.15 | Coffee break |
10.45 | The European Enforcement Order Dr Carlos Santaló Goris |
11.30 | Discussion |
11.45 | Case study on the European Enforcement Order Dr Carlos Santaló Goris |
12.30 | Discussion |
12.45 | Lunch break |
14.15 | The European Payment Order Dr Vincent Richard, Lawyer at Wurth Kinsch Olinger (Luxembourg) |
15.00 | Discussion |
15.15 | Coffee break |
15.45 | Court of Justice of the European Union (CJEU) case law on the European Payment Order: overview and analysis Dr Vincent Richard |
16.30 | Discussion |
16.45 | End of day 1 |
09.00 | Case study on the European Payment Order Dr Vincent Richard |
09.45 | Discussion |
10.00 | Coffee Break |
10.30 | European Small Claims Procedure Dr Carlos Santaló Goris |
11.15 | Discussion |
11.30 | Case study on the European Small Claims Procedure Dr Carlos Santaló Goris |
12.15 | Discussion |
12.30 | Lunch break |
14.00 | The European Account Preservation Order Dr Carlos Santaló Goris |
14.45 | Discussion |
15.00 | Coffee break |
15.30 | Case study on the European Account Preservation Order Dr Carlos Santaló Goris |
16.15 | Discussion |
16.30 | Short quiz |
17.00 | Evaluation |
17.15 | End of the course |