On December 12, 2008 came into force of Regulation (EC) 1896/2006, by establishing a European. This EU regulation, the As the regulation is direct and immediate application in European Union countries. (i) The Regulation establishes a unified procedure for payment within the Union Europe, in order to facilitate and accelerate the recovery of claims on money on cross border issues.
Today, almost two years after the entry into force of the system can be note that the process has not been well received in practice. Creditors are not normally frequent this new process should have a claim and up against a debtor in another country, and even some courts do not seem to be very familiar with the new procedure, which results in a delay in the proceedings.
Taking into account the spirit of the regulation and the advantages and facilities it offers, it is surprising how little success they are having the procedure in practice. Without doubt, the new process is not advisable for the collection of loans negotiated between the parties, if the alleged debtor denies the existence or legality of the credit. In these cases, in order not to delay inevitable litigation, it is more advisable to go directly to a standard procedure. It is also true that the new procedure is not yet 100% developed in different countries, (ii) and has certain shortcomings. However, there is no doubt that the new system can be a useful tool for collection of certain cross-border loans and can be a good alternative to the national payment procedures
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