Simplification of Debt Collection in the EU

Name: Simplification of Debt Collection in the EU
Brand: Kluwer Law International
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Vesna Rijavec TjaÅ Ivanc(Editor)

Kluwer Law International (Publisher)

Published on 25. September 2014

616 pages

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978-90-411-4902-2 (ISBN)

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Cover
Half Title Page
Title Page
Copyright Page
List of Editors and Contributors
Summary of Contents
Table of Contents
Preface
CHAPTER 1 Introductory Chapter
§1.01 GENERAL REMARKS
§1.02 CROSS-BORDER EFFECTS OF JUDGMENTS IN GENERAL
§1.03 DEVELOPMENTS REGARDING EXEQUATUR
[A] Recast of B I - Regulation No 1215/2012
[B] Comparison between the Exequatur and Recourses in the Enforcement Stage
[C] The Influence of the B I R on the Previous Regulations Abolishing the Exequatur
[D] Public Policy (Ordre Public) Exception
§1.04 LEGAL REMEDIES IN THE SCOPE OF EEO R
§1.05 LEGAL REMEDIES IN THE SCOPE OF EOPP R AND ESCP R
§1.06 IMMEDIATE ENFORCEABILITY OF THE JUDGMENT IN CROSS-BORDER SMALL CLAIMS
§1.07 ABOLITION OF EXEQUATUR FROM THE PERSPECTIVE OF ECHR
§1.08 COMMENTARIES TO OTHER MAIN FEATURES OF EOPP R AND ESCP R
[A] Scope Ratione Materiae
[B] Scope Ratione Personae
[C] Subject Matter Jurisdiction
[D] International Jurisdiction
[1] EOPP R
[2] ESCP R
[E] Application
[1] EOPP R
[2] ESCP R
[F] Determination of the Claim
[1] Object of the Claim and the Scope of Interest
[2] Subjective Determination of the Claim and Legal Succession
[G] Changes of Parties and Legal Succession during the Procedure
[H] Examination of the Application
[I] Response of the Defendant in ESCP R
[1] Counterclaim
[J] Service of Documents
[K] Representation of the Claimant
[L] Principle of Oral Hearing in ESCP R
[M] Restricted Taking of Evidence
[N] Issuing of Judgment
[O] Default Judgment in Summary Procedures
[P] Certificate of Enforceability in EOPP and Certificate Concerning a Judgment in SCP
[1] Rectification
[2] Withdrawal
[3] Duration of Proceedings
[Q] State of IT Operational Options in Judicial Procedures for Recovery of Money Claims
§1.09 INTERPRETATION AND METHODS OF INTERPRETATION OF EUROPEAN DEBT COLLECTION LEGISLATION
§1.10 THE PROBLEMS OF SUBSIDIARY APPLICATION OF NATIONAL RULES
[A] Problems of Enforcement
§1.11 MAIN FEATURES OF THE NATIONAL SUMMARY PROCEDURES FOR RECOVERY OF MONETARY CLAIMS (GENERAL OVERVIEW)
§1.12 CONCLUSIONS
CHAPTER 2 Austria: Vereinfachte Forderungsbetreibung in Österreich
ABKÜRZUNGSVERZEICHNIS
§2.01 EINLEITUNG
[A] Verfahrenseffizienz in Betreibungssachen
[B] Begrenzter Bedarf nach Sonderbestimmungen bei Effizienz des Standardverfahrens
[C] Bedarf nach Umsetzung Europäischen Zivilprozessrechts
[D] Zusammenhänge mit dem sprachlichen und dem organisatorischen Umfeld
elektronischer Rechtsverkehr
§2.02 ZAHLUNGSBEFEHL - ÖSTERREICHISCHES RECHT
[A] Charakteristik
[B] Rechtsentwicklung
[C] Aktuelle Entwicklungsschritte
[D] Voraussetzungen
[E] Örtliche und sachliche Zuständigkeit
[F] Vertretung durch Rechtsanwälte
[G] Verfahrensablauf
§2.03 IMPLEMENTIERUNG DES EUROPÄISCHEN ZAHLUNGSBEFEHLS IN DAS ÖSTERREICHISCHE RECHT
[A] Einfügung des § 252 ZPO
[B] Zuständigkeit
[C] Verfahrenseinleitung
[D] Zustellung
[E] Einspruch
[F] Verfahren nach Einspruchserhebung
[G] Überprüfung gem Art 20 EuMahnVO
§2.04 GERINGFÜGIGE SACHEN IM ÖSTERREICHISCHEN ZIVILPROZESSRECHT
[A] Notwendigkeit rechtspolitischer Kompromisse
[B] Rechtsentwicklung
[C] Aktueller Rechtszustand
§2.05 IMPLEMENTIERUNG DES EUROPÄISCHEN BAGATELLVERFAHRENS IN DAS ÖSTERREICHISCHE RECHT
[A] Einfügung des § 548 ZPO
[B] Zuständigkeit
[C] Erhebung der Klage
[D] Beantwortung der Klage
[E] Versäumungsurteil
[F] Widerklage
[G] Rechtsmittel
[H] Überprüfung in Ausnahmefällen
§2.06 VOLLSTRECKUNG IN ÖSTERREICH
[A] Exekutionstitel
[B] Auf das Vollstreckungsverfahren anzuwendendes Recht
[C] Exekutionsantrag und Exekutionsbewilligung
§2.07 SCHLUSSBEWERTUNG
LITERATURVERZEICHNIS
CHAPTER 3 Germany: Vereinfachte Forderungsbetreibung in Deutschland
ABKÜRZUNGSVERZEICHNIS
§3.01 EINFÜHRUNG
§3.02 NATIONALE REGELUNG FÜR DAS MAHNVERFAHREN
§3.03 EUROPÄISCHES MAHNVERFAHREN UNTER DEUTSCHEM RECHT
§3.04 NATIONALE REGELUNG FÜR DAS BAGATELLVERFAHREN
§3.05 EUROPÄISCHES BAGATELLVERFAHREN UNTER DEUTSCHEM RECHT
§3.06 SCHLUSSBEWERTUNG DER VERORDNUNGSREGELN
CHAPTER 4 Czech Republic: Simplification of Debt Collection in Czech Republic - National and EU Perspective
§4.01 INTRODUCTION
[A] Order for Payment Procedure
[B] Small Claims Procedure
§4.02 NATIONAL ORDER FOR A PAYMENT PROCEDURE
[A] Scope of the Procedure
[B] Competent Courts
[C] Application for an Order for Payment
[1] Representation by a Lawyer
[2] Form of Submissions
[3] Content of Application
[4] Written Evidence
[5] Standardised Form for Application to Issue an Electronic Order for Payment
[D] Issue of the Order for Payment
[1] Order for Payment and Electronic Order for Payment
[2] Bills-of-Exchange (Cheque) Order for Payment
[E] Rejection of the Application
[F] Delivery of Payment Order
[G] Defence against Payment Order
[1] Opposition by the Defendant
[2] Objections against Bills-of-Exchange (Cheque) Order for Payment
[3] Effects of the Absence of Timely Defence
[H] Costs of Procedure
[I] Enforcement of the National Order for Payment Domestically and Abroad
[J] Comparison between National and EU Order for Payment Procedure
§4.03 IMPLEMENTATION OF ORDER FOR PAYMENT PROCEDURE REGULATION NO 1896/2006
[A] Competent Court (Subject Matter, Local Jurisdiction)
[B] Application for a European Order for Payment
[C] Issue of the European Order for Payment
[D] Opposition to the European Order for Payment
[E] Absence of Timely Opposition
[F] Safeguarding the Debtor's Rights
[G] Costs of Procedure
[H] Enforcement in the Member State of Enforcement
§4.04 NATIONAL SMALL CLAIMS PROCEDURE
§4.05 IMPLEMENTATION OF SMALL CLAIMS REGULATION NO 861/2007
[A] Introduction
[B] Competent Court
[C] Formal Prerequisites for the Introduction of the Procedure
[D] Conclusion of the Procedure
[E] Appeal against Judgment
[F] Safeguarding the Debtor's Rights
[G] Costs of Procedure
[H] Enforcement of the Judgment in the Member State of Enforcement
§4.06 CONCLUSIONS
BIBLIOGRAPHY
CHAPTER 5 Poland: Simplification of Debt Collection in Poland - National and EU Perspective
§5.01 INTRODUCTION: MAIN FEATURES OF THE NATIONAL SUMMARY PROCEDURES FOR RECOVERY OF MONETARY CLAIMS IN POLAND
[A] Overview of Various Procedures for Judicial Collection of Debts in Poland
[B] IT Operational Options
[C] Provisional Enforceability
[D] Obtaining Information about the Debtor's Assets
§5.02 ORDER FOR PAYMENT PROCEDURE IN POLAND
[A] Scope of the Procedure
[1] The Order for Payment Proceedings (Articles 484-497 of the CCP)
[2] The Injunction Proceedings
[B] Competent Court
[C] Formal Requirements for an Application
[1] Order for Payment
[2] Injunction and Electronic Injunction Proceedings
[D] Issue of the Judgment
[1] The Order for Payment Procedure
[2] The Injunction Proceedings
[E] Rejection of the Application
[1] The Order for Payment Proceedings
[2] The Injunction Proceedings
[F] Legal Remedies against an Order for Payment
[G] Effects of the Absence of Timely Opposition
[H] Costs of the Procedure
[I] Enforcement of the Judgment
[J] Comparison of National and EU Order for Payment Procedures
§5.03 IMPLEMENTATION OF ORDER FOR PAYMENT PROCEDURE REGULATION (1896/2006) IN MEMBER STATES
[A] Competent Court
[B] Application for a European Order for Payment: Formal Prerequisites
[C] Issue of the European Order for Payment
[D] Opposition to the European Order for Payment
[E] Absence of Timely Opposition
[F] Safeguarding the Debtor's Rights
[1] Procedures for Rectification and Withdrawal of Declaration of Enforceability
[2] Annulment of European Order for Payment
[G] Costs of Procedure
[H] Enforcement of the European Order for Payment
§5.04 NATIONAL SMALL CLAIMS PROCEDURE
[A] The Scope of the Procedure
[B] Competent Court
[C] Commencement of the Procedure
[D] Peculiarities of the Small Claims Procedure Compared to the Regular Procedure
[E] Appeal against the Judgment
[F] Reimbursement of Costs
[G] Enforcement of the Judgment Domestically and Abroad
[H] The Differences and Similarities of National and EU Small Claims
§5.05 IMPLEMENTATION OF SMALL CLAIMS REGULATION (861/2007) IN MEMBER STATES
[A] Competent Court
[B] Formal Prerequisites for the Introduction of the Procedure
[C] Conclusion of the Procedure
[D] Appeal against Judgment
[E] Safeguarding the Debtor's Rights
[F] Costs of Procedure
[G] Enforcement of the Judgment in the Member State of Enforcement
§5.06 FINAL CRITICAL EVALUATION OF EU REGULATIONS ON SIMPLIFYING CROSS-BORDER DEBT COLLECTION
[A] Remarks Concerning the Unified Standard of Procedure
[B] Advantages of Regulation Nos 1896/2006 and 861/2007
[C] The Most Convenient Alternative for the Debtor
BIBLIOGRAPHY
CHAPTER 6 France: Simplification of Debt Collection in France - National and EU Perspective
§6.01 INTRODUCTION
[A] Overview of the Procedures Available for Debt Collection
[B] IT Operational Options in Judicial Procedures
§6.02 NATIONAL ORDER FOR PAYMENT PROCEDURE
[A] Scope of Procedure
[B] Competent Court
[C] Application for an Order for Payment
[1] Formal Requirements
[2] Procedural Representation
[3] Conditions for the Passing of the Order for Payment and Commencement
[D] Issue of the Order for Payment
[E] Service of the Order for Payment on the Defendant
[F] Rejection of the Application
[G] Opposition to the Order for Payment
[H] Effects of the Absence of Timely Opposition
[I] Costs of Procedure
[J] Enforcement
[K] Comparison between National and EU Order for Payment Procedure
§6.03 IMPLEMENTATION OF ORDER FOR PAYMENT PROCEDURE REGULATION (1896/2006) IN FRANCE
[A] Competent Court
[B] Application for a European Order for Payment
[1] Formal Prerequisites for the Introduction of the Procedure
[2] Admissible Language
[3] Penalties for Debtor's Deliberate False Statement
[C] Issuance of the European Order for Payment
[D] Service of the European Order for Payment
[E] Opposition to the European Order for Payment
[1] Legal Remedies against the Court Rejection of the Application
[2] Absence of Timely Opposition
[F] Safeguarding the Debtor's Rights
[1] Discrepancy between European Order for Payment and the Certificate
[2] Article 20 Review Procedure
[G] Costs of Procedure
[H] Enforcement
[1] Competent Authorities
[2] Enforcement in Practice
[3] Legal Remedies under Articles 22(1) and (2) and 23
§6.04 FRENCH SMALL CLAIMS PROCEDURE
[A] Scope of the Procedure
[B] Competent Court
[C] Formal Prerequisites for the Introduction of the Procedure
[D] Representation of a Claimant
[E] Peculiarities of the Small Claims Procedure Compared to Regular Procedure
[F] Possibility to Appeal against the Judgment
[G] Reimbursement of Costs
[H] Enforcement of the Judgment Domestically and Abroad
[I] Comparison between National and EU Small Claims Procedure
§6.05 IMPLEMENTATION OF SMALL CLAIMS REGULATION (861/2007) IN FRANCE
[A] Competent Court
[B] Formal Prerequisites for the Introduction of the Procedure
[1] Acceptable Languages
[C] Conclusion of the Procedure
[1] Issuance of a Judgment
[2] Certificate Procedure
[D] Appeal against Judgment
[E] Safeguarding the Debtor's Rights
[1] Rectification and Withdrawal
[2] Review Procedure
[F] Costs of Procedure
[G] Enforcement of the Judgment
[1] Competent Authorities
[2] Methods and Procedure of Enforcement
[3] Acceptable Languages
[4] Legal Remedies under Articles 22 and 23
§6.06 FINAL CRITICAL EVALUATION OF EU REGULATIONS ON SIMPLIFYING CROSS-BORDER DEBT COLLECTION
[A] On the Simplification and Acceleration of Procedures
[B] The Question of Impracticability of National Procedures in Cross-Border Cases
[C] Final Evaluation of Different Options Available for Cross-Border Collection of Debts in EU
BIBLIOGRAPHY
CHAPTER 7 Belgium: Simplification of Debt Collection in Belgium - National and EU Perspective
§7.01 AVAILABLE SUMMARY PROCEDURES FOR RECOVERY OF PECUNIARY CLAIMS
[A] In General
[B] Summary Order for Payment Procedure
[1] Unknown and Unpopular
[2] Stages and Elements of the Procedure
[a] Prior Notice of Payment
[b] Petition to the Justice of the Peace (or the Police Court)
[c] Decision by the Justice of the Peace (or the Police Court)
[d] Possibility for the Defendant to File a Statement of Opposition or to Lodge an Appeal
[e] Costs of the Order for Payment Procedure
[C] Summary Proceedings
[D] Brief Pleadings at the Introductory Hearing (Article 735) and Provisional Settlement between the Parties (Article 19 Paragraph 2)
[E] IT Operational Options
§7.02 BELGIAN NATIONAL ORDER FOR PAYMENT PROCEDURE
§7.03 IMPLEMENTATION OF ORDER FOR PAYMENT PROCEDURE REGULATION (1896/2006) IN BELGIUM
[A] Competent Court
[B] Application for the European Order for Payment
[1] Accepted Means of Communication and Available to the Courts
[2] Admissible Language of the Application
[3] Number of Copies of the Application to Be Submitted
[4] The Amount of the Penalties in Case of Deliberate False Statements by Claimant
[C] Issuance of the European Order for Payment
[1] Examination and Issuance of the Order for Payment
[a] Procedural Representation of Claimants by a Bailiff or Collection Agency
[b] Substantive and Territorial Jurisdiction
[c] Exhibits
[d] Multiple Claimants, Multiple Defendants
[e] Interest Calculation
[f] Issuance of the Order for Payment
[2] Service of the European Order for Payment
[D] Opposition to the European Order for Payment
[1] Form of the Statement of Opposition
[a] Decision Commercial Court of Hasselt of 21 December 2010
[b] Form and Language of the Statement of Opposition
[2] Consequence of the Opposition to the European Order for Payment
[3] Legal Remedies against a Court Decision on Opposition
[E] Absence of a Timely Statement of Opposition
[1] Description of the Certificate Procedure
[2] Formal Requirements for Enforceability
[3] Effects of Absence of a Timely Statement of Opposition
[F] Safeguarding the Debtor's Rights
[1] Description of the Procedure for Rectification or Withdrawal of the Declaration of Enforceability
[a] Rectification
[b] Withdrawal
[2] Description of the Review Procedure and Competent Courts
[G] Costs of the Procedure
[H] Enforcement
[1] Competent Authorities
[2] How to Enforce in Practice: Acceptable Languages
[3] Legal Remedies under Articles 22(1) & (2) and 23
§7.04 BELGIAN SMALL CLAIMS PROCEDURE
§7.05 IMPLEMENTATION OF SMALL CLAIMS REGULATION (861/2007) IN BELGIUM
[A] Competent Court
[B] Application for a Judgment under the Regulation
[1] Formal Prerequisites for the Introduction of the Procedure
[2] Admissible Languages under Article 6(1)
[C] Conclusion of the Procedure
[1] Issuance of a Judgment: Procedural Issues
[a] Representation of the Claimant
[b] Multiple Claimants, Multiple Defendants
[c] Lack of Jurisdiction: Competence
[d] The Judgment
[2] Service of Documents upon the Parties
[3] Certificate Procedure
[D] Appeal against Judgment
[E] Safeguarding the Debtor's Rights
[1] Description of the Procedure for Rectification or Withdrawal of the Certificate
[a] Rectification
[b] Withdrawal
[2] Review Procedure
[F] Costs of the Procedure
[G] Enforcement
[1] Competent Authorities
[2] How to Enforce in Practice: Acceptable Languages
[3] Legal Remedies under Articles 22 and 23
§7.06 FINAL CRITICAL EVALUATION OF EU REGULATIONS ON SIMPLIFYING CROSS-BORDER DEBT COLLECTION
[A] The Belgian Context: Lack of Implementation - Regulation versus Directive
[B] Simplification - Speeding Up - Reduction of Costs?
[C] Improvement in View of National Procedures?
[D] EU Cross-Border Collection of Debts - Most Convenient Alternative for Creditors?
[E] Other Suggestions for Improvement
BIBLIOGRAPHY
CHAPTER 8 Netherlands: Debt Collection in the Netherlands from a National and EU Perspective
§8.01 INTRODUCTION: MAIN FEATURES OF THE NATIONAL PROCEDURES FOR RECOVERY OF MONETARY CLAIMS
§8.02 NATIONAL ORDER FOR PAYMENT PROCEDURE
§8.03 IMPLEMENTATION OF THE ORDER FOR PAYMENT PROCEDURE REGULATION (1896/2006) IN THE NETHERLANDS
§8.04 NATIONAL SMALL CLAIMS PROCEDURE
§8.05 THE IMPLEMENTATION OF THE SMALL CLAIMS REGULATION (861/2007) IN THE NETHERLANDS
§8.06 FINAL CRITICAL EVALUATION OF EU REGULATIONS ON SIMPLIFYING CROSS-BORDER DEBT COLLECTION
BIBLIOGRAPHY
CHAPTER 9 Italy: Simplification of Debt Collection in Italy - National and EU Perspectives
§9.01 INTRODUCTION
§9.02 OBTAINING A TITLE OF EXECUTION IN ITALY
[A] Ordinary Proceedings and Summary Proceedings
[B] Summary Procedures: In Particular, the Order for Payment
[1] Italian Order for Payment and Cross-Border Claims: A Summary
§9.03 ITALIAN IMPLEMENTATION OF THE EUROPEAN ORDER FOR PAYMENT PROCEDURE
[A] Opposition to the European Order for Payment: Some Practical Problems
[B] Further Remarks on the Italian Implementation of the EOPP
§9.04 THE EUROPEAN SMALL CLAIMS PROCEDURE IN ITALY: "MISSING IN ACTION"
§9.05 CONCLUSIONS
BIBLIOGRAPHY
CHAPTER 10 Portugal: Simplification of Debt Collection in Portugal - National and EU Perspective
§10.01 INTRODUCTION
[A] The Portuguese Legal System
[B] Courts Jurisdiction and Different Types of Litigation for Debt Collection
[C] National Summary Procedures for Recovery of Monetary Claims
[D] Current State of IT Operational Options in Judicial Procedures for Recovery of Monetary Debts
§10.02 NATIONAL ORDER FOR PAYMENT PROCEDURE
§10.03 IMPLEMENTATION OF ORDER FOR PAYMENT PROCEDURE REGULATION (1896/2006) IN PORTUGAL
§10.04 NATIONAL SMALL CLAIMS PROCEDURE
[A] Comparing National and EU Small Claims Procedure
[1] Experimental Special Civil Procedure
§10.05 OPINION ON THE USE OF REGULATIONS 1896/2006 AND 861/2007
§10.06 NATIONAL PROCEEDINGS IN CROSS-BORDER CASES
REFERENCES
CHAPTER 11 Finland: Simplification of Debt Collection in Finland - National and EU Perspective
§11.01 MAIN FEATURES OF THE FINNISH SUMMARY PROCEDURE FOR RECOVERY OF MONETARY CLAIMS
§11.02 USE OF ELECTRONIC COMMUNICATION IN COURT PROCEEDINGS
§11.03 THE RELATIONSHIP BETWEEN NATIONAL AND SUPRANATIONAL PROCEDURES ON DEBT RECOVERY
§11.04 IMPLEMENTATION OF THE REGULATION ON A EUROPEAN ORDER FOR PAYMENT PROCEDURE IN FINLAND
§11.05 IMPLEMENTATION OF THE REGULATION ON A EUROPEAN SMALL CLAIMS PROCEDURE IN FINLAND
§11.06 CRITICAL EVALUATION OF EU REGULATIONS ON SIMPLIFYING CROSS-BORDER DEBT COLLECTION
[A] Added Value of the Payment Order and Small Claims Instruments
[B] Cross-Border Solutions for Cross-Border Situations
[C] Better Linkage and Coherence
BIBLIOGRAPHY
CHAPTER 12 Sweden: Simplification of Debt Collection in Sweden - National and EU Perspective
§12.01 INTRODUCTORY OVERVIEW
[A] Judicial Proceedings
[1] Court Litigations
[2] Summary Proceedings
[B] IT Operational Options
[1] Permissions to Apply by Electronic Means
[2] Access to Computer-Based Registers
[C] Enforceable Titles of Execution
[D] Sequestration
[E] Enforcement Action
§12.02 NATIONAL ORDER FOR PAYMENT PROCEDURE
§12.03 IMPLEMENTATION OF ORDER FOR PAYMENT PROCEDURE REGULATION
§12.04 NATIONAL SMALL CLAIMS PROCEDURE
§12.05 IMPLEMENTATION OF SMALL CLAIMS REGULATION
§12.06 FINAL EVALUATION AND CONCLUSIONS ON EU REGULATIONS
[A] Statistics and Judgments
[B] Explanations to the Low Frequency Use
[C] Reform Remedies to Cure the Enforcement "Achilles' Heel" of EU Law
[1] Creditor's Application for Exchange of Information about the Debtor's Assets to Another Member State
[a] European Assets Declaration
[b] European Garnishee's Declaration
[c] Taking of Evidence Regulation
[d] Existing Service Obligation of Competent Enforcement Authorities in the Public and Civil Law Areas
[e] Creditor's Application for an Exchange of Information for Contractual and Commercial Claims
[2] Creditor's Application for Enforcement to Another Member State
BIBLIOGRAPHY
CHAPTER 13 Croatia: Simplification of Debt Collection in Croatia - National and EU Perspective
§13.01 INTRODUCTION - MAIN FEATURES OF THE NATIONAL SUMMARY PROCEDURES FOR RECOVERY OF MONETARY CLAIMS (GENERAL OVERVIEW)
[A] Types of Litigation
[B] Electronic Tools
§13.02 NATIONAL ORDER FOR PAYMENT PROCEDURE
[A] Scope of Procedure
[B] Competent Courts
[C] Application for an Order for Payment: Formal Requirements
[D] Issue of an Order for Payment
[E] Rejection of the Application
[F] Opposition by the Defendant (Objection against an Order for Payment): Prerequisites and Procedure
[G] Effects of the Absence of Timely Opposition
[H] Costs of Procedure
[I] Enforcement of the National Order for Payment Domestically and Abroad
[J] Comparison between the National and the European Order for Payment Procedure
§13.03 IMPLEMENTATION OF THE REGULATION NO 1896/2006 IN MEMBER STATES
[A] Competent Court
[B] Application for an European Order for Payment
[C] Issue of an European Order for Payment
[D] Opposition to the European Order for payment
[E] Absence of a Timely Opposition
[F] Safeguarding the Debtor's Rights
[G] Costs of Procedure
[H] Enforcement in the Member State of Enforcement
§13.04 NATIONAL SMALL CLAIMS PROCEDURE
[A] Scope
[B] Competent Court (Subject Matter and Local Competence)
[C] Introduction of the Procedure
[D] Peculiarities of the Small Claims Procedure
[E] Appeal, Legal Remedies against the Judgment
[F] Reimbursement of Costs
[G] Enforcement of the Judgment Domestically and Abroad
[H] Comparison between National and European Small Claims Procedure
§13.05 IMPLEMENTATION OF THE REGULATION NO 861/2007 IN MEMBER STATES
[A] Competent Court
[B] Formal Prerequisites for the Introduction of the Procedure
[C] Conclusion of the Procedure
[D] Appeal against Judgment
[E] Safeguarding the Debtor's Rights
[F] Costs of Procedure
[G] Enforcement of Judgment in the Member State of Enforcement: Procedure and Requirements
§13.06 FINAL CRITICAL EVALUATION OF THE EU REGULATIONS ON SIMPLIFYING CROSS-BORDER DEBT COLLECTION
BIBLIOGRAPHY
CHAPTER 14 Slovenia: Simplification of Debt Collection in the EU - European Order for Payment Procedure and European Small Claims Procedure
§14.01 INTRODUCTION
[A] Types of Litigation
[B] Current State of IT Operational Options
[C] Provisional Enforceability
[D] Availability of Information about Debtor's Assets
§14.02 NATIONAL ORDER FOR PAYMENT PROCEDURE
[A] Scope of the Procedure
[B] Competent Court
[C] Application for an Order for Payment: Formal Requirements
[D] Issue of the Order for Payment
[E] Rejection of the Application
[F] Opposition by the Defendant
[G] Effects of the Absence of Timely Opposition
[H] Costs of Procedure
[I] Enforcement of the National Order for Payment Domestically and Abroad
[J] National and EU Order for Payment Procedures
§14.03 IMPLEMENTATION OF ORDER FOR PAYMENT PROCEDURE REGULATION (1896/2006) IN SLOVENIA
[A] Competent Court
[B] Application for a European Order for Payment
[C] Issue of the European Order for Payment
[D] Opposition to the European Order for Payment
[E] Absence of Timely Opposition
[F] Safeguarding the Debtor's Rights
[G] Costs of Procedure
[H] Enforcement in the Member State of Enforcement
§14.04 NATIONAL SMALL CLAIMS PROCEDURE
[A] Scope of the Procedure
[B] Competence of Courts
[C] Commencement of the Procedure
[D] Small Claims versus Regular Procedure
[E] Limitations of Legal Remedies
[F] Reimbursement of Costs
[G] Enforcement of the Judgments Home and Abroad
[H] National versus EU Small Claims Procedure
§14.05 IMPLEMENTATION OF SMALL CLAIMS REGULATION (861/2007) IN SLOVENIA (APPLICABLE PROCEDURAL LAW)
[A] Competent Court
[B] Formal Prerequisites for the Introduction of the Procedure
[C] Conclusion of the Procedure
[D] Appeal against Judgment
[E] Safeguarding the Debtor's Rights
[F] Describe the Costs of Procedure
[G] Enforcement of the Judgment in the Member State of Enforcement: Procedure and Requirements
BIBLIOGRAPHY
CHAPTER 15 Slovenia: Barriers to Full Computerisation of Judicial Proceedings in Slovenia
§15.01 INTRODUCTION
§15.02 LEGAL BASIS FOR E-JUSTICE IN SLOVENIA
§15.03 EXTERNAL E-COMMERCE IN LEGAL PROCEEDINGS (CLIENT COMMUNICATION WITH COURTS)
[A] Electronic Applications
[1] Electronic Documents
[B] E-Files
[C] Inspection and Copying of Files and Monitoring of the Proceedings
[D] E-Hearing
[E] E-Decisions
[F] Internal E-Operations of the Court
[G] Electronic Service
[1] General
[2] The Importance of Service to Ensure the Fundamental Principles
[3] Methods of Service
[a] Service by Process Server
[4] Electronic Service
[5] Service of Process upon Government Bodies, Legal Persons and Sole Proprietors
[6] Service upon Military Personnel and Members of the Police
[7] Service to a Foreign Citizen
[8] Service to Prisoners
[9] Time and Place of Service
[10] Service between Attorneys
[11] Fiction of Service
[12] Types of Service
[a] Personal Service (Service in Person)
[13] Refusal to Accept Service
[14] Change of Address
[15] Person Authorised to Accept the Service
[16] Return of Service
§15.04 COMPUTERISATION OF JUDICIAL PROCEEDINGS
[A] Electronic Land Registry System
[1] Electronic Filing of Land Register Proposals
[a] Principle of Publicly Accessible Land Register
[B] Electronic Enforcement Procedure
[1] Introduction
[2] Brief on Characteristic of Slovenian Enforcement Procedure
[3] Teritorial Jurisdiction
[4] The Course of Automated Enforcement Proceedings
[C] Electronic Support for Insolvency Procedures
[D] Long-Term Preservation of Electronic Evidence
[E] Electronic Signature and Public Key Infrastructure
[F] Long-Term Preservation of Electronic Evidence in the Republic of Slovenia
[G] Internal Rules on Capture and Storage of Material in Digital Form
[H] Practical Implications on Filing Digital Evidence
[I] Maturity Document Governance and Equality with Original Material
§15.05 CONCLUSION
BIBLIOGRAPHY
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