(In)Existenţa căii de atac în cadrul procedurii europene de somaţie de plată

Asist. univ. dr. Lucian MARCU

Universitatea "Lucian Blaga" din Sibiu

Facultatea de Drept

Baroul Sibiu

Keywords: Regulation (EC) No 1896/2006, European order, payment, appeal, deletion, Code of Civil Procedure

(Inn)existence of means of appeal in the European order for payment procedure

Abstract

To simplify, reduce costs and speed up the legal actions aimed at recovering claims, Regulation (EC) No 1896/2006 of the European Parliament and of the Council establishing a European order for payment procedure was adopted on 12 December 2006. It establishes a standard procedure for seizing the court and settling the dispute, by establishing forms to be filled out when the court is seized, when the order for payment is issued or when the debtor objects.

On the other hand, when the request for the order for payment is rejected, the Regulation no longer provides for any specific form, but the rejection is ordered by a procedural...