The European Order for Payment: A Cross-Border Route for German Creditors

A European procedure for cross-border claims

The European Order for Payment (EOP), established by Regulation (EC) No 1896/2006, is a standardised procedure for the recovery of uncontested pecuniary claims in cross-border civil and commercial matters between EU Member States (Denmark excepted).

For a German company owed money by an Italian customer, it offers a written, form-based procedure: the claim is lodged on a standard EU form (Form A), available in German, and the court issues its order on the basis of the application and the documents described in it.

Whether legal representation before the court seised is required depends on the law of the Member State concerned; in practice, professional assistance is advisable in defining jurisdiction, interest and the description of evidence.

How the procedure works

The application is filed with the court having jurisdiction — for a claim against an Italian-domiciled debtor, this will ordinarily be the competent Italian court under the jurisdiction rules of Regulation (EU) No 1215/2012 (Brussels I bis).

If the formal requirements are met, the court should issue the European Order for Payment as soon as possible and, in any event, within the timetable established by the Regulation.

The order is then served on the debtor, who has thirty days to lodge a statement of opposition.

If no opposition is lodged, the order is declared enforceable and is enforceable in every Member State without any declaration of enforceability (exequatur) and without any review of the German creditor's claim on the merits.

EOP or decreto ingiuntivo?

German creditors often ask which instrument is preferable. The answer depends on the file:

• 01The EOP is designed for cross-border claims the creditor expects to remain uncontested; it uses standard forms and does not require the same showing of written evidence as the decreto ingiuntivo.
• 02The decreto ingiuntivo requires adequate written evidence under Italian law, but can be coupled with an application for provisional enforceability — a tool the EOP does not offer.
• 03Where the documentary evidence is strong and speed of enforcement matters, the decreto ingiuntivo may be preferable; where simplicity and standardisation matter more, the EOP is a valid route.
• 04If the debtor opposes the order, the proceedings continue before the competent court in accordance with the applicable procedural rules.

The choice is strategic and should be made before filing, on the basis of the evidence and the debtor's foreseeable conduct.

If you already have — or prefer — German proceedings

Where the German creditor sues in Germany (for example under a jurisdiction clause or another head of jurisdiction), the resulting German judgment benefits from the Brussels I bis regime: it is recognised in Italy without any special procedure (Article 36) and is enforceable without any declaration of enforceability (Article 39).

To enforce in Italy, the creditor needs a copy of the judgment and the standard certificate issued by the German court under Article 53. A translation may be requested only in limited circumstances.

Practical checklist for German creditors

• 01Contract or framework agreement, including any jurisdiction and applicable-law clause.
• 02Purchase orders and order confirmations.
• 03Unpaid invoices with the correct identification of the Italian debtor.
• 04Delivery and transport documents (CMR consignment notes, delivery receipts).
• 05Correspondence, in particular any acknowledgement of the debt.
• 06An updated extract identifying the Italian debtor (visura camerale), which we obtain directly.
• 07Assessment of translation needs before filing.

How our Foreign Desk approaches German files

We begin with a written assessment comparing the available routes — European Order for Payment, decreto ingiuntivo, or ordinary proceedings — in light of the evidence and the debtor's position.

We then prepare and file the selected application before the competent Italian court, manage service on the debtor, and, where the order becomes enforceable, coordinate the enforcement phase against assets located in Italy.