How to file an objection against a European payment order – practical instructions and comments
Publication date: January 07, 2025
Legal regulations
The issue of the European order for payment procedure is regulated in the provisions from Article 50515 to Article 50520 of the Act of 17 November 1964 – the Polish Code of Civil Procedure (consolidated text: Journal of Laws of 2024, item 1568), hereinafter referred to as the Civil Procedure Code. The introduction of the above provisions into the Polish legal order was dictated by the entry into force of Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (OJ EU. L. of 2006, No. 399, p. 1, as amended), hereinafter referred to as the Regulation. If the conditions resulting from the Act and the Regulation are met, the court issues a European order for payment. Pursuant to Article 2 paragraph 1 of the Regulation, its provisions apply in cross-border civil and commercial cases, regardless of the type of court or tribunal. The definition of a cross-border case can be found in Article 3 Regulation: a cross-border case should be understood as a case in which at least one of the parties is domiciled or habitually resident in a Member State other than the Member State of the court seised.
