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IP/10/671

Brussels, 3 June 2010

Citizenship : European Enforcement Order –European Commission takes legal action against Cyprus for not providing information on legislation

The European Commission today sent Cyprus a letter of formal notice – the first stage in the infringement process – for failing to notify measures to implement rules for enforcing civil and commercial claims across borders. Under European Union rules on uncontested claims, which have been in place since 2005, EU countries must inform the Commission about which competent authority is responsible for issuing European Enforcement Orders and the languages that can be used.

Under the European Enforcement Order, a judgement concerning uncontested claims obtained in one Member State is enforceable in any other Member State, without having to go through intermediate steps, the so-called exequatur procedure. These orders allow judgements to be enforced quicker and more efficiently throughout the EU (MEMO/05/392).

Under this binding EU Regulation (805/2004), EU countries had to implement the measures and (under article 30 of the Regulation) notify the Commission of these measures, particularly:

  • the procedures for rectifications and withdrawal of the European Enforcement Order certificate;

  • the languages accepted;

  • the list of authorities responsible for issuing orders.

The deadline for notifying the Commission was 1 January 2005. Cyprus is the only EU country that has not sent the Commission any information. The Commission informally reminded Cyprus of the need to provide this information in September 2009.

In a formal letter of notice today, the Commission asked Cyprus to fulfil its obligations under EU law.

Next steps

For more information about the three-stage infringement process, see IP/10/670.

Background

The European Enforcement Order for uncontested claims (Regulation 805/2004) has been in place since 21 October 2005.

For more information

Justice and Home Affairs Newsroom:

http://ec.europa.eu/justice_home/news/intro/news_intro_en.htm

Homepage of Vice-President Viviane Reding, Commissioner for Justice, Fundamental Rights and Citizenship:

http://ec.europa.eu/commission_2010-2014/reding/index_en.htm


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