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Getting a refund from a European supplier: these are the options

If you do not receive a refund from a supplier in another EU country, you have various options: from an amicable settlement or mediation to European procedures such as the EPGV, the European Payment Order (EPO), and the European...

Published on March 21, 2023 by MKBjuristen.nl
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If you do not receive a refund from a supplier in another EU country, you have several options: from an amicable settlement or mediation to European procedures such as the EPGV, the European Payment Order (EPO), and European Bank Attachment Order (EAPO). Which route is most suitable depends on the amount of the claim and whether it is disputed. Below is an overview of the possibilities.

Solution 1: work it out together (or via mediation)

The first step is to try to work things out with the supplier. Explain the situation and look for a solution that both parties can live with, such as an exchange, return, or a partial refund. If that is not immediately possible, mediation offer a solution: an independent mediator will then help find a solution that works for everyone.

Solution 2: European Small Claims Procedure (ESPC)

If you are unable to reach an agreement together, you can use the European Small Claims Procedure (ESCP). Characteristics:

  • a written procedure using standard forms;
  • possible in all EU countries, with the exception of Denmark;
  • for claims up to 5,000 euros;
  • relatively simple and fast.

You fill out a form and send it to the competent court. Attach supporting documents, such as invoices and contracts. Which court has jurisdiction and how you send the form varies by country.

Solution 3: European Payment Order (EPO)

The European Payment Order Procedure (EPO) is intended for undisputed monetary claims. You ask the court to compel the supplier to pay via a European payment order. The order is executed by the competent court in the country where the debtor holds the funds. This route only works if the debtor has a bank account in an EU country and the claim is not disputed. TODO_VERIFY: the EPO has its own scope of application and (unlike the EPGV) generally no fixed maximum amount — check the current conditions and amounts before choosing.

Solution 4: European bank seizure (EAPO)

With the European Order for Preservation of Bank Accounts (EAPO), you, as a creditor, can have the funds in the debtor's bank account frozen. The supplier can then no longer spend, hide, or move that money, which increases the chance that you will recover your money. You use the EAPO request form for this purpose.

Which route suits your situation?

  • Small, disputed claim (up to 5,000 euros): the EPGV.
  • Uncontested claim: the European Payment Order (EPO).
  • Risk of the debtor siphoning off funds: the European Bank Attachment Order (EAPO) to freeze the balance.
  • Desire to preserve the relationship: negotiate or mediation first.

Frequently Asked Questions

Up to what amount can I use the EPGV?

The European small claims procedure applies to claims up to 5,000 euros and is available in all EU countries except Denmark.

When do I opt for the European payment order?

In the case of an undisputed monetary claim against a debtor with a bank account in an EU country. If the claim is disputed, this route is not suitable.

What does a European bank attachment (EAPO) do?

It freezes the money in the debtor's bank account, so that they cannot siphon it away. This increases the chance of payment.

Should I try to work it out together first?

That is often sensible and sometimes cheaper. If that is not possible, the European procedures are available to you.

Need help with a dispute with a European supplier?

Recovering money from a foreign supplier is often complex. We have extensive experience with cross-border disputes and debt collection and help you choose the right path.

View our options for debt collection and our expertise in debt collection law, or schedule a no-obligation intake meeting.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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