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EVENTS from Other Institutions

EU Proceedings Specialised in Cross-Border Debt Recovery: Practical Overview

This course will explain the different EU civil procedural instruments specialised in cross-border debt recovery (the EEO, the EPO, the ESCP and the EAPO)

October 9, 2023 - October 10, 2023

Venue: Luxembourg (LU)

Organizer(s): European Centre for Judges and Lawyers – EIPA Luxembourg

Language: English

Contact: Programme Organiser
Ms Blanka Opletalova
Tel: +352 426 230 305

Info link: https://www.eipa.eu/courses/cross-border-debt-recovery/

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.