Collecting debts in Europe: European order for payment, small claims and European enforcement order

The European Union has created three instruments designed for an SME, an autónomo (freelancer) or an individual to collect a cross-border debt without a classic lawsuit: the European order for payment procedure (Regulation EC 1896/2006), the European small claims procedure (Regulation EC 861/2007, amended by Regulation EU 2015/2421) and the European enforcement order certificate (Regulation EC 805/2004). All three work with standard forms, are valid in all Member States except Denmark and produce a title that is directly enforced in the debtor's country, without exequatur, meaning without any intermediate recognition procedure.

The choice depends on the case. If the debt is monetary, is due and the debtor is not expected to dispute it, the European order for payment is the fastest route and has no amount limit. If the claim does not exceed €5,000 (excluding interest and costs), or if you anticipate that the debtor will dispute it, the European small claims procedure allows you to obtain a written judgment, with set deadlines. And if you already have a Spanish decision, a court settlement or an authentic instrument with enforceable effect on a claim that the debtor did not contest, you do not need to litigate again: you simply certify it as a European enforcement order and enforce it in the debtor's country.

Tax, customs and administrative matters, and areas such as family, wills, bankruptcy or social security are excluded from these instruments. They are also optional: article 1.2 of Regulation 1896/2006 clarifies that they do not replace national procedures, so you can always assess the most suitable route. Managora analyses your case and indicates the appropriate instrument before preparing anything.

The European order for payment is used to claim pecuniary debts of a specific amount that are due and payable on the date of the application (article 4 of Regulation 1896/2006), with no amount limit. Everything starts with form A, the application for a European order for payment, which identifies the parties, the origin of the debt, the interest and the evidence, and justifies the court's jurisdiction according to the Brussels I bis Regulation.

The court examines the application as soon as possible (article 8) and, if it is well founded, issues the European order for payment (form E) generally within a period of 30 days (article 12). The debtor then has 30 days from service to pay or to lodge a statement of opposition using form F. If they remain silent, the court declares the order enforceable without delay using form G (article 18), and this form G is recognised and enforced in any Member State without a declaration of enforceability and without any possibility of opposing its recognition (article 19).

The application for a European order for payment does not require a lawyer or a procurador (article 24 of the Regulation and final provision 23 of the LEC): the creditor is authorised to appear on their own behalf according to article 23.2 of the LEC. Managora prepares the complete form A, gathers and organises the debt documentation, indicates the competent court and accompanies you in the submission, which you carry out in your own name, as well as in tracking the order until you obtain form G. If the debtor lodges an opposition, the matter is transferred to the corresponding civil procedure, which does require representation and falls outside this service; we will explain the available options to you at that time.

The European small claims procedure covers cross-border civil and commercial claims of up to €5,000, excluding interest, expenses and costs. Unlike the order for payment, it is also useful when the debtor disputes the debt: it is an adversarial procedure that ends in a judgment, almost always without a hearing and entirely in writing using forms. Consumers can also file the claim with the court of their own municipality when the consumer forum of the Brussels I bis Regulation allows it.

The deadlines are set: once form A is submitted with the supporting documents (invoices, contract, emails), the court serves it on the defendant within 14 days; the defendant has 30 days to reply using form C; and the court must issue a judgment within 30 days of receiving the reply or the complete documentation. An oral hearing is exceptional and, when held, efforts are made to do it by videoconference.

The judgment is recognised and enforced in any Member State without a declaration of enforceability (article 20 of Regulation 861/2007). To enforce it abroad, you simply ask the court for the form D certificate, which is issued at no additional cost. According to the European Consumer Centre in Spain, this procedure is not subject to a tasa (official fee) in Spain. Managora prepares the claim and its annexes, determines the competent body and accompanies you until the judgment and its certificate.

The European enforcement order (EEO) is not a new lawsuit: it is a certificate that converts a Spanish court decision, a court settlement or an authentic instrument with enforceable effect into a title that is directly enforceable in any Member State (except Denmark), without exequatur. It is only possible for uncontested claims: the debtor expressly agreed to it (admission, settlement, authentic instrument) or never objected in the procedure, or did not appear despite being duly notified.

The certification is requested from the same body that issued the decision or authorised the document: the Spanish court that issued the judgment or the national order for payment decision, or the notario (notary) in the case of deeds with enforceable effect (final provision 21 of the LEC). The body verifies that the minimum standards for service on the debtor under Regulation 805/2004 were met and issues the certificate using the corresponding standard form (annexes I to III depending on whether it is a decision, settlement or authentic instrument).

It is the natural route when you have already won in Spain (for example, a national order for payment that the debtor did not contest) and the debtor has their assets in another EU country. Since 2015, it coexists with the Brussels I bis Regulation (1215/2012), which also abolished exequatur with its own article 53 certificate: today both paths avoid the intermediate procedure and Managora indicates which one best fits your case. Our service covers drafting the certification request and preparing the file for submission to the issuing body.

International jurisdiction is determined by the Brussels I bis Regulation (1215/2012). The general rule is to sue in the State of the debtor's domicile, but special forums often allow litigating from Spain: in sales, the place of delivery of the goods; in services, the place where they were provided. Pay attention to a special case: if the debtor is a consumer, the European order for payment can only be submitted to the courts of the State where that consumer is domiciled (article 6.2 of Regulation 1896/2006).

Within Spain, the application for a European order for payment is submitted to the corresponding Court of First Instance, on an exclusive and excluding basis (final provision 23 of the LEC). In contrast, the claim for the European small claims procedure is submitted to the Court of First Instance or to the Commercial Court, depending on the subject matter of the claim (final provision 24 of the LEC). The European enforcement order certification is requested from the very body that issued the decision or, for authentic instruments, from the authorising notario. Properly justifying the jurisdiction on the form is key to preventing the application from being rejected.

Regarding costs: natural persons and autónomos are exempt from the tasa in all cases; companies pay a €100 fixed quota in the European order for payment when the claim exceeds €2,000 (the variable quota was annulled by the Constitutional Court). To this, you may add the sworn translation of the title if the State of enforcement requires it. There are no mandatory lawyer or procurador fees in the application phase. The price of Managora's service is always updated on the page for each procedure: European order for payment procedure, European small claims procedure and European enforcement order.

In the European order for payment, the debtor's opposition (form F) transfers the matter to the corresponding civil procedure in the State of origin. Since the reform of Regulation 2015/2421, you can request that it continues through the European small claims procedure if the claim fits within it, and you can also indicate on form A itself that, if there is an opposition, you prefer the procedure to end and not go to trial. In small claims, the debtor's reply does not frustrate anything: the court issues a judgment anyway, even if the defendant does not reply.

Once the title is obtained (form G, judgment with certificate D or decision certified as an EEO), enforcement is governed by the law of the State where it is enforced (article 21 of Regulation 1896/2006): there, you request the attachment of accounts or assets according to their rules, presenting a copy of the title, the certificate and, if that State requires it, a certified translation. The European title is enforced under the same conditions as a decision issued in that country.

Do not let the debt go cold: the longer you take to claim, the harder it is to locate the debtor's assets. Managora prepares everything for you: enter the page of the procedure that fits your case, complete the questionnaire and we take care of the forms, the file and the tracking, accompanying you at every step until you have the title ready to enforce. You can see the updated price on each page.