EIRP Proceedings, Vol 3 (2008)

Abstract

The summon for the payment procedure, regulated by the 1896/2006 Regulation that is to be
applied to all the state members of the European Union and which aims at simplifying and accelerating the
procedures referring to the recuperation of the debts expressed in figures, that are both due and uncontested.
This procedure helps in sensibly reducing the sum of judging expenses, and the juridical protection is ensured in
those states where the payment summon is not stipulated by internal regulations. The payment summon has the
executory character of an internal title in all the state memebers, the recognition and execution procedure not
being necessary. The regulation is applied in civil and commercial matters, the extracontractual parties being
excluded. This procedure is started through the claimer’s request who has the obligation to declare (in his/her
request) that he/she takes entire responsability for what he/she has asserted and that he/she knows exactly that
any false statement can fall under the law sanctions stipulated by the legislation of the origin state. In case the
request is justified, the instance will send an European summon order that will be declared as European
executory order if an objection has not been formulated in the origin instance.