Netherlands | The European Payment Order

Although established nearly two decades ago, the European Payment Order (“EPO”) remains relatively underutilized. Many practitioners across the EU are either unfamiliar with the instrument or overlook it in favour of domestic procedures. Yet, for uncontested cross-border monetary claims within the European Union, the EPO can be a highly efficient and cost-effective alternative.

This article outlines the EPO procedure from the perspective of Dutch law and practice. It highlights the practicalities of filing, enforcement, and the strategic considerations relevant to international creditors when dealing with debtors based in the Netherlands.

Scope and admissibility under Dutch law

The EPO is applicable in civil and commercial matters where at least one of the parties is domiciled in a different EU Member State. It is not available for revenue, customs, administrative, or insolvency matters.¹ Dutch courts may issue or enforce an EPO if the Netherlands has jurisdiction under the relevant EU instruments, such as the Brussels I-bis Regulation.

In the Netherlands, the EPO procedure is primarily handled by the Kantonrechter (subdistrict court judge) or the civil chambers of the rechtbank (district court), depending on the amount in dispute. There is no requirement under Dutch law for the claimant to be represented by a lawyer, which reduces procedural costs. However, in practice, legal representation is often advisable, especially in cross-border matters.

Filing and language requirements

EPO applications must be filed using standard forms prescribed by the Regulation. These may be submitted in Dutch or English, as the Dutch judiciary accepts both. The forms are submitted to the centralized court in The Hague (Rechtbank Den Haag), which is designated as the competent court for EPO filings in the Netherlands.

Procedure and enforcement

If the court finds the application admissible and the claim well-founded, it issues a European Payment Order typically within 30 days. The defendant then has 30 days to lodge a statement of opposition. If no opposition is filed, the order becomes automatically enforceable in all EU Member States (except Denmark), without the need for a declaration of enforceability (exequatur).

In the Netherlands, the EPO is enforced in the same manner as a Dutch judgment. This means that the claimant must instruct a Dutch bailiff (gerechtsdeurwaarder) to serve the enforceable EPO on the debtor. Dutch enforcement law applies, including the possibility of seizure of assets.

Benefits and considerations

From a Dutch perspective, the EPO procedure offers clear advantages in cross-border cases. It is faster and less costly than ordinary civil proceedings, requires minimal formalities, and avoids complex jurisdictional or recognition issues. However, caution is advised where there is any indication of a potential dispute. The procedure is suitable only for claims that are truly uncontested. If the defendant objects, the case must proceed under ordinary civil rules unless the claimant withdraws.

Conclusion

The European Payment Order is a powerful tool for creditors seeking recovery of cross-border claims within the EU. Its simplicity and direct enforceability make it an attractive option—provided that the claim is not in dispute. Foreign lawyers with clients facing collection issues in the Netherlands should be aware of this mechanism, which Dutch courts and bailiffs are well-equipped to handle swiftly and efficiently.