Judicial Cooperation – European Enforcement Order
The Regulation represents an important step for the proper functioning of the internal market in the field of judicial cooperation in civil matters as it provides for free circulation of judgements, court settlements and authentic instruments for uncontested claims throughout the Member States (except Denmark).
At present, a judgement issued in one Member State can be enforced in another Member State after it has been recognised as an enforceable title by the Member State where the enforcement of such judgement has been sought. Such procedure is governed by the Council Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters. This intermediate procedure, however, still involves delays and expenses for the person seeking the enforcement.
Under the Regulation, such requirement of a prior declaration of enforceability is abolished in respect of judgements, court settlements and authentic instruments (such as enforceable notarial records) provided they concern uncontested claims in civil and commercial matters and that certain specific conditions stipulated in the Regulation are met.
An uncontested claim is a claim to which the debtor has expressly agreed or to which the debtor has never objected in the course of the court proceedings or a claim where the debtor has not appeared at a court hearing that claim. As the Regulation seeks to promote the fundamental rights, more particularly the right to a fair trial, certain minimum procedural standards must be met in the (court) proceedings in the Member States of origin. Consequently, the documents instituting the proceedings must be properly served on the debtor and the debtor must be properly informed about the claim in question and about procedural steps necessary to contest the claim.
If the above conditions are met, a certificate of a European Enforcement Order is issued by the court of origin upon application.
A judgement that has been certified as a European Enforcement Order by the court of origin is recognised and enforced in the other Member States without the need for a declaration of enforceability and without any possibility of opposing its recognition. It must be treated as if it had been delivered in the Member State in which enforcement is sought.
The Regulation comes into force on 1 January 2005 and shall apply from 21 October 2005.
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