Book III: Provisions specific to certain matters

The judge may issue a European order for payment for part of the claim, after the claimant has accepted the judge’s proposal to that effect. In that case, the claimant can no longer take legal action to claim the balance, unless he fails to serve the order and proceeds under the ordinary law.

The European order for payment or the decision rejecting an application for a European order for payment, together with the application form, are kept as minutes at the court registry.

A certified copy of the claim form and the decision shall be served, at the initiative of the claimant, on each of the defendants. The European order for payment opposition form shall be annexed to the service document. On pain of nullity, the document of service shall contain, in addition to the particulars prescribed for bailiff’s documents, an indication of the court before which the opposition must be brought, the…

If service is made on the defendant and unless it is made by electronic means, the bailiff must orally bring to the defendant’s attention the information qualified as important by the European order for payment form as well as the indications mentioned in Article 1424-5. The completion of this formality is mentioned in the service document.

The bailiff sends a copy of the writ of service to the court that issued the injunction.

The opposition shall be brought before the court from which the European order for payment emanates. It shall be lodged at the court registry either by declaration against a receipt or by registered letter.

The court shall rule on the application for recovery. It shall hear, within the limits of its jurisdiction of attribution, the initial claim and all incidental claims and defences on the merits. In the event of a decision that it does not have jurisdiction, the case shall be referred to the court with jurisdiction in accordance with the rules set out in Article 82.

The court clerk shall summon the parties to the hearing by registered letter with acknowledgement of receipt. The summons is sent to all the parties, even those who have not lodged an objection. The summons shall contain: 1° Its date; 2° An indication of the court before which the opposition is brought; 3° An indication of the date of the hearing to which the parties are summoned; 4° The conditions…

If neither party appears, the court declares the proceedings terminated. This renders the European order for payment null and void.

The court judgment replaces the European order for payment.