In 30 seconds
- If the customer is in another country of the European Union, you can use European instruments: the European payment order, the procedure for small claims (within a value threshold to be checked) and the freezing of bank accounts abroad.
- The judgment of an Italian court is enforceable in the other Member States without a recognition procedure (EU Reg. 1215/2012).
- Outside the EU the country matters: international conventions, local rules or arbitration with an award recognised under the New York Convention.
- Before acting, check the contract, the clause on jurisdiction and on the applicable law, and whether the customer has assets that can be reached.
Updated on October 14, 2026.
Selling or working with foreign customers increases turnover, but if the invoice is not paid, recovering the debt is more complicated than in Italy: you must work out which court is competent, which law applies and where the debtor’s assets are. This guide explains the steps, with the main European instruments and the alternatives outside the EU.
A frequent case (hypothetical)
Example constructed for illustrative purposes: it does not refer to files of the Firm, nor to real people or companies.
A dairy in Campania sells mozzarella to a distributor based in Germany. After some regular supplies, three invoices remain unpaid: the distributor does not dispute the goods but postpones payment. In cases like this, what matters are the conditions of sale and the order confirmation (which often contain, or do not contain, the jurisdiction clause), the signed transport documents and a written notice of default; then the instrument is chosen according to the amount and the risk of a dispute.
What to check before acting
- Where the debtor is based. Everything changes between an EU country, a non-EU country with conventions with Italy and a country without agreements.
- What the contract says. A clause on jurisdiction (the competent court) and on the applicable law tells you where you can sue and under which rules. If it is missing, the European or international rules apply.
- What evidence you have. Contract or order, order confirmation, signed transport documents (DDT, CMR), invoices, e-mails, reminders received and any objections from the customer.
- Whether the customer has assets that can be reached. Bank accounts, claims against third parties, real estate, goods. A lawsuit won against a debtor without assets is worth little.
Which court is competent
In the European Union, EU Regulation 1215/2012 (Brussels I bis) applies. The general rule is that the debtor is sued before the courts of the country where he is domiciled or has his seat (Art. 4). For sales of goods and for services, in contractual matters you can often also sue before the court of the place where the goods were delivered or the services provided (Art. 7, no. 1). The parties may choose a forum by a written clause (Art. 25).
The European instruments for recovering the debt
- European payment order (EC Reg. 1896/2006): a simplified procedure for uncontested monetary claims, with a standard form. The debtor has thirty days to object; if he does not, the order becomes enforceable and you can enforce it in the other Member States. You will find the details in the dedicated guide (link at the bottom).
- Small claims (EC Reg. 861/2007): a written and quick procedure for claims of limited amount, excluding costs. The value threshold has been subject to changes: check it in the current text of the regulation before choosing this route.
- Preservation of bank accounts (EU Reg. 655/2014): allows you to freeze the debtor’s funds in accounts in another Member State, even before having a judgment and without warning him, if the conditions are met.
- Service of documents abroad (EU Reg. 2020/1784): governs how a document is served in another Member State. Poorly done service can make the proceedings useless.
After an Italian judgment, or an order for payment (decreto ingiuntivo) that has become final, no recognition procedure is needed to enforce it in another Member State: you present the certificate provided for by the regulation (Art. 39 et seq. of EU Reg. 1215/2012), and enforcement follows the rules of the country where you act.
If the customer is outside the European Union
Outside the EU there is no single mechanism. Treaties with the country concerned matter, for example the Lugano Convention for Switzerland, Norway and Iceland, or the 2019 Hague Convention on the recognition of judgments, in force only between some States. Where there are no agreements, the Italian judgment must be recognised under local rules, which may require a new procedure. Conversely, to enforce a foreign judgment in Italy, Articles 64 et seq. of Law 218/1995 apply.
If the contract provides for arbitration, the award can be recognised and enforced in more than 170 countries thanks to the 1958 New York Convention: it is often the most practical route with non-EU counterparties.
Which law applies to the contract
For international contracts, EC Regulation 593/2008 (Rome I) applies: the parties may choose the applicable law; failing that, for the sale of goods the law of the seller’s country normally applies and for services that of the service provider’s country. If the two countries have joined the 1980 Vienna Convention (CISG), the international sale of goods between businesses is governed by it, unless the contract excludes it. The applicable law affects limitation periods, interest, penalties and deadlines for challenging defects. For more on the clauses to check before signing, see the guide on international contracts.
The practical steps, in order
- Gather the documents and check the payment terms and any objections.
- Send a written notice of default, in the language of the contract or in English, with proof of sending.
- Check the debtor’s reliability and whether he has assets, for example with an extract from the companies register of his country.
- Choose the instrument: European order, ordinary proceedings, freezing of accounts, arbitration.
- If you win, enforce in the country where the assets are.
How to avoid the problem in future contracts
Include in the contract the choice of forum or arbitration, the applicable law, the payment terms and the default interest. The general conditions of sale, with forum, applicable law, default interest and retention of title, must be accepted in writing by the customer. For commercial transactions between businesses to which Italian law applies, Legislative Decree 231/2002 (d.lgs. 231/2002) applies, which provides for default interest higher than the reference rate. For important supplies consider advance payment, a letter of credit or a bank guarantee.
Related guides
- European payment order: recovering a debt from a customer in another EU country
- International contracts with foreign companies: the clauses to check
- Order for payment in Naples: how it works for the creditor and how to defend yourself
- Payment demand and formal notice of default: how to write it
- Foreign trust to avoid paying debts: the creditor can take action in Italy
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The route that usually works best
The possible routes
- European payment order, if the claim is monetary and uncontested and the debtor is in another EU country.
- Italian order for payment (decreto ingiuntivo) or ordinary lawsuit, if the Italian court is competent.
- Small claims procedure, for claims of limited amount.
- Freezing of accounts abroad or arbitration, in cases where guarantees or enforcement outside the EU are needed.
Which usually works best and why
It depends on the case. With an EU debtor who does not dispute the debt, the European order is usually the fastest route; if the debt is disputed or the debtor risks dispersing the assets, it is worth considering a lawsuit and freezing right away. Outside the EU, the presence of assets that can be reached and any arbitration clause matter.
What to do right away
- Gather the contract, orders, signed transport documents and invoices.
- Check the jurisdiction clause, the applicable law and the debtor’s seat.
- Send a written notice of default and keep proof of sending.
Each situation must be assessed on the documents of the specific case: this indication is not a promise of outcome.
How Attorney Fiorentino can assist you
- Keep the signed transport documents: they serve to prove delivery.
- Have the customer accept the general conditions of sale in writing.
- Do not let time pass: limitation periods depend on the applicable law.
The firm of Attorney Renato Giuseppe Fiorentino assists Italian businesses in debt recovery also abroad, with documents sent online and a written quote before the engagement; a video call is also possible with English-speaking counterparts. Offices in Naples, Rome and Bari by appointment.
Frequently asked questions
Can I obtain an Italian order for payment against a foreign customer?
Yes, if the Italian court is competent, for example because the contract provides for the Italian forum or the goods were delivered in Italy. For debtors in other EU countries, as an alternative, there is the European payment order.
What is the European payment order?
It is a simplified procedure, provided for by EC Reg. 1896/2006, for recovering uncontested monetary claims in another Member State. The debtor has thirty days to object.
Can the bank account of a debtor in another EU country be frozen?
Yes, with the European Account Preservation Order (EU Reg. 655/2014), under certain conditions.
How is a debt recovered in a non-EU country?
It depends on the country: international conventions, local rules on the recognition of judgments and, if provided for by the contract, arbitration under the New York Convention matter.
How much time do I have to act?
It depends on the law applicable to the contract: in Italy the deadlines normally vary from one to ten years depending on the claim. It is worth sending a written notice of default and assessing the action right away.
Sources: EU Reg. 1215/2012 (Arts. 4, 7, 25, 39 et seq.); EC Reg. 1896/2006; EC Reg. 861/2007; EU Reg. 655/2014; EU Reg. 2020/1784; EC Reg. 593/2008; Vienna Convention 1980; New York Convention 1958; Law 218/1995, Arts. 64 et seq.; Legislative Decree 231/2002. Author: Attorney Renato Giuseppe Fiorentino, Naples Bar. Informational text, not a substitute for an opinion on your case.
Read also
- How to choose a debt recovery lawyer: what to ask, costs and convenience
- Ordinary Revocatory Action: How to Protect Your Claim if the Debtor “Empties” His Estate
- Debt recovery: how it works, from the notice of default to attachment
Translated from the Italian original; updated on October 18, 2026.
(Read also): Legal guides from Studio Legale Fiorentino · European payment order: recovering a debt from a customer in another EU country · International contracts with foreign companies: the clauses to check before signing
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