When it can be used
The procedure under Regulation (EC) No 1896/2006 concerns pecuniary claims for a specific amount that are due in cross-border civil and commercial disputes. It may be used between Italy and Bulgaria; the Regulation does not apply to Denmark. Exclusions include tax, customs and administrative matters, social security and insolvency. Non-contractual obligations are covered only in the circumstances contemplated by the legislation.
Preparing the application
The application is submitted using the European form. Preliminary checks concern the court’s jurisdiction, the parties’ domicile, the origin and amount of the claim, interest and the evidence identified in support. Where the defendant is a consumer, the rules provide specific protection for the consumer’s forum. Contracts, orders, invoices, deliveries, correspondence and acknowledgements of debt help reconstruct the claim and assess the possibility of a challenge.
Service and opposition
The debtor may lodge a statement of opposition within thirty days of service of the order for payment without having to specify the reasons. If opposition is lodged in time, the case continues under the European Small Claims Procedure, where applicable, or an appropriate national procedure, unless the claimant has requested its termination. If no opposition is lodged, the court declares the order enforceable after the required checks. Proper service is therefore a decisive step, not a mere formality.
Assessing actual recovery prospects too
The Firm assists in preparing the application and with subsequent enforcement in Italy or Bulgaria, coordinating the necessary steps in both countries. Before proceeding, it also examines information about the debtor, any assets available for enforcement and the relationship between the debt and the expected costs. A uniform procedure facilitates the circulation of the decision, but does not ensure that the debtor is solvent. Where the debt is already subject to detailed disputes, it may be appropriate to consider a different court action from the outset.
