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European enforcement order for uncontested claims

The Regulation creates a European enforcement order for uncontested claims. Through the introduction of minimum standards, the instrument allows the free movement in the European Union (EU) of judgments, out-of-court settlements or authentic instruments concerning uncontested claims.

ACT

Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims [see amending acts].

SUMMARY

The Regulation creates a European enforcement order for claims which are uncontested by debtors. The European enforcement order is a certificate which enables judgments, court settlements and authentic instruments on uncontested claims to be recognised and enforced automatically in another Member State, without any intermediate proceedings.

Scope

The Regulation applies in civil and commercial matters. It does not, in particular, cover revenue, customs or administrative matters. It is applicable in all Member States with the exception of Denmark.

A claim shall be regarded as uncontested if:

  • the debtor has expressly agreed to it by admission or by means of a settlement which has been approved by a court or concluded before a court in the course of proceedings; or
  • the debtor has never objected to it in the course of the court proceedings; or
  • the debtor has not appeared or been represented at a court hearing regarding that claim after having initially objected to the claim in the course of the court proceedings; or
  • the debtor has expressly agreed to it in an authentic instrument.

European enforcement order

A judgment on an uncontested claim is certified as a European enforcement order by the Member State who delivered the judgment (State of origin). Certification is carried out by means of the standard form. It may apply to only parts of the judgment, in which case the order will be known as "partial European enforcement order".

Minimum standards

In order for a judgment on an uncontested claim to be certified as a European Enforcement Order, the court proceedings in the Member State of origin must meet certain procedural requirements.

Therefore, only the document service methods listed in the Regulation are allowed if the judgment is to be certified as a European enforcement order.

Furthermore, the document instituting proceedings must give details of:

  • the claim (personal details of parties, amount of the claim, whether or not interest is incurred and for what period, etc.);
  • the procedural arrangements required for contesting the claim (deadline for contesting the claim, consequences of failing to object, etc.).

Lastly, the Member State of origin must provide for the right to a review of the judgment in exceptional cases.

Enforcement

The law to be applied to the enforcement procedure is that of the Member State where enforcement of the judgment is requested (Member State of enforcement). The creditor must supply the authorities responsible for enforcement with:

  • a copy of the judgment;
  • a copy of the European enforcement order certificate;
  • where necessary, a transcription of the European enforcement order certificate or a translation thereof into the official language of the Member State of enforcement or into another language accepted by the Member State of enforcement.

No security, bond or deposit can be required of creditors on the ground either that they are foreign nationals or are not domiciled or resident in the Member State of enforcement.

The competent court in the enforcing Member State may, subject to certain conditions, refuse to enforce a judgment if it is irreconcilable with an earlier judgment given in any Member State or in a third country. In certain cases, it can also stay or limit enforcement.

Final and general provisions

In order to facilitate access to enforcement procedures, Member States undertake to provide the general public and professional circles with relevant information within the framework of the European Judicial Network in civil and commercial matters.

Creditors remain free to seek recognition and enforcement of a judgment under the Brussels I Regulation. Moreover, this Regulation does not prejudice the application of Regulation on the Service of judicial and extrajudicial documents.

REFERENCES

ActEntry into forceDeadline for transposition in the Member StatesOfficial Journal

Regulation (EC) No 805/2004

21.1.2005

-

OJ L 143 of 30.4.2004

Amending act(s)Entry into forceDeadline for transposition in the Member StatesOfficial Journal

Regulation (EC) No 1869/2005

24.11.2005

-

OJ L 300 of 17.11.2005

Last updated: 01.12.2011

See also

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