Evropský platební rozkaz

The topic of the thesis is Regulation (EC) No 1896/2006 of the EP and of the Council of 12 December 2006 creating a European order for payment procedure. Regulation established an additional and optional means for the claimant, with the purpose to simplify, speed up and reduce the costs of litigation in cross-border cases concerning uncontested pecuniary claims and to permit the free circulation of European orders for payment throughout the Member States without any intermediate proceedings prior to recognition and enforcement. The aim of the thesis is to analyze the current shape of legislation, its interpretation by the ECJ and existing practical experiences with the application of the tool in the Czech Republic. Chapter one is devoted to the development in the field of judicial cooperation in civil matters, called as well as European civil procedure, and to the summary of the existing regulations. Chapter two deals with the thorough analysis of the laid down proceedings and its consecutive phases. It also contains the evaluation of these regulatory efforts. Chapter three focuses on the analysis of a reference for a preliminary ruling in the Case C-215/11 Szyrocka which is not yet decided. The reference depicts problematic points of coordination between the Regulation and civil procedures of Member States. Last chapter pursues the application of the European order for payment in the Czech judicial system. It summarizes the statistical data about usage of the procedure in the Czech Republic. Moreover, it presents the findings of the qualitative research carried out at thirty district and regional courts.