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Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure
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This is the original version (as it was originally adopted).
1.An application for a European order for payment shall be made using standard form A as set out in Annex I.
2.The application shall state:
(a)the names and addresses of the parties, and, where applicable, their representatives, and of the court to which the application is made;
(b)the amount of the claim, including the principal and, where applicable, interest, contractual penalties and costs;
(c)if interest on the claim is demanded, the interest rate and the period of time for which that interest is demanded unless statutory interest is automatically added to the principal under the law of the Member State of origin;
(d)the cause of the action, including a description of the circumstances invoked as the basis of the claim and, where applicable, of the interest demanded;
(e)a description of evidence supporting the claim;
(f)the grounds for jurisdiction;
and
(g)the cross-border nature of the case within the meaning of Article 3.
3.In the application, the claimant shall declare that the information provided is true to the best of his knowledge and belief and shall acknowledge that any deliberate false statement could lead to appropriate penalties under the law of the Member State of origin.
4.In an Appendix to the application the claimant may indicate to the court that he opposes a transfer to ordinary civil proceedings within the meaning of Article 17 in the event of opposition by the defendant. This does not prevent the claimant from informing the court thereof subsequently, but in any event before the order is issued.
5.The application shall be submitted in paper form or by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin.
6.The application shall be signed by the claimant or, where applicable, by his representative. Where the application is submitted in electronic form in accordance with paragraph 5, it shall be signed in accordance with Article 2(2) of Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures(1). The signature shall be recognised in the Member State of origin and may not be made subject to additional requirements.
However, such electronic signature shall not be required if and to the extent that an alternative electronic communications system exists in the courts of the Member State of origin which is available to a certain group of pre-registered authenticated users and which permits the identification of those users in a secure manner. Member States shall inform the Commission of such communications systems.
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