Schedule 2

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IV. EUROPEAN ORDER FOR PAYMENT PROCEDURE

Application and interpretation

36.

(1)

This Part of this Order applies to applications for European orders for payment and other related proceedings under Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure.

(2)

In this Part—

(a)

“EOP Regulation” means Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure^f1;

(b)

“court of origin” has the meaning given by Article 5(4) of the EOP Regulation;

(c)

“EOP” means a European order for payment;

(d)

“EOP application” means an application for an EOP;

(e)

“Form A” means the Application for a European Order for Payment Form A, annexed to the EOP Regulation at Annex I;

(f)

“European order for payment” means an order for payment made by a court under Article 12(1) of the EOP Regulation;

(g)

“Member State” has the meaning given by Article 2(3) of the EOP Regulation;

(h)

“Member State of origin” has the meaning given by Article 5(1) of the EOP Regulation;

(i)

“statement of opposition” means a statement of opposition filed in accordance with Article 16 of the EOP Regulation.

Translations

37.

Except where the EOP Regulation makes different provision about the certification or verification of translations required by this Part, such translation must be accompanied by a statement by the person making it that it is a correct translation. The statement must include that person’s name, address and qualifications for making the translation.

Assignment of business and exercise of powers

38.

Any applications to the High Court under the EOP Regulation shall be assigned to the Queen’s Bench Division and the powers conferred on the Court by that Regulation may be dealt with by a judge in chambers or by a master.

Application for a European Order for Payment

39.

(1)

An EOP application in Form A shall be made ex parte.

(2)

Form A must be—

(a)

completed in English or accompanied by a translation into English; and

(b)

lodged in person or by post.

(3)

Documents other than Form A that are lodged or sent to the Court in EOP proceedings, including statements of opposition, may be lodged, in addition to by post or in person, by—

(a)

fax; or

(b)

other electronic means where the facilities are available.

Withdrawal of EOP application

40.

(1)

At any stage before a statement of opposition is lodged, the claimant may notify the Court that the claimant no longer wishes to proceed with the claim.

(2)

Where the claimant notifies the Court in accordance with paragraph (1) —

(a)

the Court shall notify the defendant that the application has been withdrawn; and

(b)

no order as to costs will be made.

Transfer of proceedings where an EOP application has been opposed

41.

(1)

Where the defendant lodges a statement of opposition to an EOP in accordance with Article 16 of the EOP Regulation and the claimant has not opposed the transfer of the matter—

(a)

the proceedings shall continue as if they had begun by way of writ under these Rules;

(b)

the defendant’s statement of opposition shall be treated as a memorandum of appearance under Order 12; and

(c)

these Rules shall apply with necessary modifications and subject to this rule and rule 42.

(2)

The Court must notify the claimant in accordance with Article 17(3) of the EOP Regulation within 21 days after the statement of opposition was lodged.

(3)

When the Court notifies the claimant under paragraph 2, it must also

(a)

notify the claimant—

(i)

that the EOP application in Form A is now treated as a writ; and

(ii)

of the time within which the defendant must issue a defence under rule 42; and

(b)

notify the defendant—

(i)

that the application has been transferred under Article 17 of the EOP Regulation;

(ii)

that the EOP application in Form A is now treated as a writ; and

(iii)

of the time within which a defence is required under rule 42.

Defence

42.

The defendant must lodge a defence before the expiration of 30 days after the date of the notice issued by the Court under rule 41(2)(b).

Review in exceptional cases

43.

(1)

An application under Article 20 of the EOP Regulation must be made by originating summons and supported by an affidavit verifying the facts on which the application is based.

(2)

The originating summons shall be in Form 7 and no appearance need be entered to it.

Register of European Orders for Payment

44.

There shall be kept in the Central Office under the direction of the Master (Queen’s Bench and Appeals) a register of EOPs made by the Court.”