Legal Q&A · Debt Recovery

How does a European order for payment work, and what do we need for Form A?

Law as at 5 September 2026

Short answer

A European order for payment is a uniform EU procedure for cross-border monetary claims. Applications use Form A under Regulation (EC) No. 1896/2006, and the court issues the order without a hearing, normally within 30 days. The defendant may object within 30 days of service without giving reasons. The case then continues as ordinary proceedings unless you stated you did not want this. Prepare precise party details, principal, interest and costs, claim basis codes and evidence descriptions.

The debtor is in Austria, Germany or Poland, the invoice is clear, and suing abroad seems more daunting than the debt itself. The uniform European payment order procedure serves precisely these situations. We routinely file applications in several Member States and can add practical insight beyond the form’s instructions.

How the procedure works

Regulation (EC) No. 1896/2006 introduced the procedure for cross-border civil and commercial cases in all Member States except Denmark. A case is cross-border where at least one party is domiciled or habitually resident in a different Member State from the court. It is intended for monetary claims the defendant will not actually contest. Applications use uniform Form A; the court decides without a hearing and issues the order as soon as possible, normally within 30 days of filing (Article 12). Without opposition, the order becomes enforceable and is recognised in other Member States without a further declaration of enforceability.

What to prepare for Form A

Article 7 prescribes the application content, and the form uses codes, making preparation of supporting information decisive. Prepare precise party and court identification; a breakdown of principal, interest rates and periods, any contractual penalties and costs; the claim basis code with a short description of decisive circumstances; identification of supporting evidence; and grounds for jurisdiction and the cross-border nature of the case. Evidence is described and identified in the form, so its description should stand alone. Whether attachments are requested depends on the particular court’s practice.

Some applications fail over ordinary details: identifying the correct court, paying its fee under local rules, and using a language it accepts. The form’s structure is identical across languages, however, so proper preparation allows reliable completion in German or Polish too. The form concludes with a declaration that the information is true to the best of your knowledge and belief.

Complete the opposition section carefully

In the form’s appendix, you may state that you oppose continuation in ordinary civil proceedings if the defendant objects (Article 7(4)). This can also be notified later, but no later than issuance of the order. It is a strategic choice. Without that statement, opposition automatically transfers the matter to ordinary proceedings in the state of origin, with the associated costs (Article 17). With it, proceedings end and you decide whether and where to pursue the claim differently.

Opposition is easy: the defendant sends it within 30 days of service and need not give reasons, merely denying the claim (Article 16). The European procedure therefore suits truly uncontested claims. Where a defence is expected, plan for ordinary proceedings from the outset. Slovak objections instead require substantive reasons, explained in what an objection to a payment order must contain.

European or national order?

For a Czech debtor, a national electronic payment order under Czech law is often faster; we file directly through Czech court systems. The European order is particularly useful where an ordinary invoice claim would otherwise require a local lawyer, and for multiple claims across countries where the uniform form saves time on each filing.

How we can help

Our European order for payment service covers suitability assessment, Form A preparation, filing and post-order steps. If opposition arrives or there are several debtors, our cross-border debt recovery service follows. For Czech debtors, we handle payment orders and payment claims in Czechia.

Send us your unpaid invoice against a customer in another EU country with the contract or order. We will assess whether a European order is suitable.

This answer provides general information on the law as at 5 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. The debtor says nothing is owed because it set off its own claim. Is that valid? A unilateral set-off may extinguish a debt if the mutual claims are eligible for set-off and a definite declaration has been delivered to you. Maturity is generally required, but the Commercial Code provides exceptions in Sections 359 and 360. The mere fact that a counterclaim is disputed does not make it ineligible for set-off; its existence, amount and the other conditions must be examined. If the conditions are not met, the set-off does not extinguish the debt.
  2. The trustee disputed our registered claim. What should we do, and by when? The only defence is an action to establish the disputed claim, known as an incidental action. It must be filed within 30 days of publication of the dispute in the list of claims and directed against everyone who disputed the claim. Missing the deadline extinguishes the right and permanently excludes the disputed part from satisfaction, although it continues to exist under substantive law.
  3. Our debtor obtained a personal bankruptcy discharge. Is our claim permanently lost? Not necessarily. Discharge makes the claim unenforceable against the debtor but does not extinguish it: voluntary payment remains possible, as does recovery from a guarantor or security. Statutorily listed claims remain unaffected, including child maintenance and intentionally caused damage. If the debtor lacked honest intent, discharge may be challenged within six years.
  4. We supplied goods without a written contract, only invoices. Can we recover payment? Yes. A sale contract needs no written form: it arose through ordering and delivery, even orally or by conduct. In court, the issue is proving delivery and the agreed price; accepted invoices, delivery notes, emails and established dealings usually suffice. Watch limitation periods and remember that a due date added unilaterally to an invoice is not an agreed due date.

Cannot find your question? Ask your own question

Facing this situation?

Tell us what you need help with.

Describe your situation. We will review it and tell you within 24 hours whether and how we can help, including an indicative fee.

  1. 1Send your enquiry via this form
  2. 2Within 24 h you get a price confirmation and plan
  3. 3We start work only after your approval
Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

Not keen on calls or email? Message us on WhatsApp →
Prefer to book a time right away? Book a consultation →
Or email us about this matter.

PDF, Word, images, ZIP… max 10 MB per file, 30 MB total.

Submitting this form does not create an engagement or attorney-client relationship. Before taking on a matter we run a conflict-of-interest check, so please do not send sensitive originals until we confirm the matter together.

Contact a lawyer