A European order for payment is issued by the court of the state having jurisdiction under the Brussels Ia Regulation: as a rule the state of the debtor’s seat, for supplies of goods or services also the state of the place of delivery, and where agreed in writing, the chosen court. Against a consumer, only the courts of the state of the consumer’s domicile have jurisdiction. In Slovakia the application is dealt with by a district court and the fee is the same as for an action, while in Czechia it is CZK 1 000 up to CZK 20 000 and 5 % above that amount. If the debtor lodges a statement of opposition, the total fees must not exceed those for ordinary proceedings.
A Slovak company supplied machinery to a customer in Austria, the invoice is overdue and the customer does not dispute it but simply does not pay. A European order for payment is well suited to such a claim, but the first question is which court to apply to. Regulation (EC) No. 1896/2006 contains its own rule on jurisdiction only for consumers; otherwise it refers to the general rules of Union law. The second question is the fee, which is governed by the law of the state in which you lodge the application.
The state in which the application is lodged
For the purposes of applying this Regulation, jurisdiction shall be determined in accordance with the relevant rules of Community law, in particular Regulation (EC) No 44/2001.
Regulation No. 44/2001 has since been replaced by the Brussels Ia Regulation (No. 1215/2012) and references to the old regulation are read as references to the new one (Article 80). Under it you generally have three options. The debtor may be sued in the state of its seat (Article 4(1)), unless you have agreed exclusively on another court. In a sale of goods you may also sue in the state to which the goods were, or should have been, delivered under the contract, and in the case of services where they were, or should have been, provided (Article 7(1)(b)). If you agreed on a court in writing in the contract, that agreement applies (Article 25(1)). A Slovak supplier therefore cannot choose a Slovak court merely because it is established there. It will, however, be assisted by delivery in Slovakia, for instance where the customer collects the goods at its warehouse under the contract, or by a jurisdiction clause in terms and conditions accepted by the customer in writing.
If the debtor is a consumer and the claim arises from a consumer contract, only the courts of the state in which the consumer is domiciled have jurisdiction (Article 6(2)). An e-shop selling into Hungary therefore applies in Hungary.
The cross-border character is assessed as at the date the application is lodged: at least one party must be domiciled or habitually resident in a Member State other than that of the court (Article 3(1) and (3)). Jurisdiction must be substantiated in the form (Article 7(2)(f)), which is therefore completed having regard to the contract and the delivery terms.
Which court in Slovakia and in Czechia
In Slovakia a district court decides at first instance (Section 12(1) of the Civil Dispute Procedure Code) and both the application and any statement of opposition are lodged in Slovak:
An application for a European order for payment and a statement of opposition to it shall be lodged in the official language.
— Section 270 of Act No. 160/2015 Coll. (unofficial English translation)
Following a timely statement of opposition, a hearing is listed by the same court that issued the order, unless you have requested that the proceedings be terminated (Section 271). In Czechia the district courts decide at first instance (Section 9(1) of Act No. 99/1963 Coll.); according to the information provided by Czechia on the European e-Justice Portal, local jurisdiction for the European order is as a rule determined by the defendant’s seat.
How much is payable
In Slovakia the fee for an application for a European order for payment is payable under item 1(a) of the schedule, that is, as a percentage of the amount claimed, in the same way as for an action for payment; note 5 to that item says so expressly. The minimum fee is EUR 25 and the maximum EUR 25 000, or EUR 50 000 in commercial matters. The half rate under Section 11c of Act No. 71/1992 Coll. applies only to the order for payment procedure under Act No. 307/2016 Coll., not to the European order.
In Czechia, according to the information on the European e-Justice Portal, the general fee is payable as for any application to commence proceedings for a monetary payment: up to CZK 20 000 it is CZK 1 000, and above that amount up to CZK 40 000 000 it is 5 % of the sum claimed.
If the debtor lodges a statement of opposition and the matter proceeds to ordinary proceedings, the combined fees for the European order and the subsequent proceedings must not exceed the fees for those proceedings without a preceding European order (Article 25(1) of the Regulation as amended by Regulation (EU) 2015/2421). Add to the fee the cost of translations and of service abroad.
What to do about it
Before applying, go through the contract, the terms and conditions and the delivery notes: they decide whether a court in your state may issue the order, or whether the proceedings will be conducted in the debtor’s state. How to complete the form itself is discussed in the question on the European order for payment and Form A. We handle the choice of court, the preparation of the application and the monitoring of time limits under the European order for payment service.
This answer provides general information on the law as at 12 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.
