| Abstract [eng] |
Regulation (EC) No 1896/2006 of the European Parliament and of the Council (the Regulation) creating a European order for payment (EOP) procedure, introduced a new EU legal instrument to facilitate and accelerate the recovery of uncontested pecuniary claims in cross-border cases. With the aim of providing a better understanding of this instrument, the main part of the Master’s thesis consists of three main chapters. The first chapter examines the genesis of the EOP, the reasons which created the need for a Regulation at EU level and the objectives pursued by the EOP procedure. The second chapter analyses the scope of the Regulation and the key issues relating to jurisdiction. The analysis made it possible to identify shortcomings such as the too narrow definition of the cross-border cases in the Regulation and to identify problems arising in practice in relation to jurisdiction. The third part examines the main stages of the EOP procedure, discusses the advantages and disadvantages of this procedure, and highlights the interpretation of problematic provisions of the Regulation through the case law of the Court of Justice of the European Union (CJEU). In addition, by analysing the legal framework of this procedure, the case law of CJEU and other sources, the author reveals the shortcomings of legal framework which may have an impact on the uneven interpretation and application of the Regulation across the EU, and which may undermine the efficiency of the EOP procedure. The following main shortcomings of the legal framework have been identified: the provision stating that the court has to examine whether the claim appears to be founded is interpreted differently in the Member States, the time limit defined within which the court has to issue the EOP is not specific, the conditions for the review of the EOP are not sufficiently precise and clear. Other problematic aspects arising in practice, which could hinder the achievement of the Regulation’s objectives for the EOP procedure, were also identified. The author presents conclusions on how to improve the framework of the Regulation with a view to achieving a uniform interpretation and application of the Regulation in the EU Member States, thus increasing the efficiency of the EOP procedure. |
