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Regulation (EC) No 805/2004 of

21 April 2004 creating a European Enforcement Order for uncontested claims�

OJ L 143 , 30.4.2004, p. 15

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European Commission

European Enforcement Order

Directorate-General Justice and Consumers

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Background

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European Commission

European Enforcement Order (I)

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Directorate-General Justice and Consumers

  • Context: Programme of mutual recognition

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  • Main objective of programme: Abolition of exequatur

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  • EEO abolishes exequatur for judgments on uncontested claims

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Mechanism

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European Commission

European Enforcement Order (II)

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Directorate-General Justice and Consumers

  • Exequatur is abolished for judgments on uncontested claims in proceedings that comply with certain minimum standards

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  • Such judgments can be certified as EEO by a court of the MS of origin of the judgment

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  • Effect of EEO: Judgments are recognised and enforced
  • without need for declaration of enforceability and
  • without possibility of opposing recognition

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Relationship with Regulation 44/2001

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European Commission

European Enforcement Order (III)

Directorate-General Justice and Consumers

  • EEO: Alternative option for enforcement abroad (Regulation 1215/2012 applies to all judgments, both on contested and on uncontested claims).

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  • Advantages of EEO:
  • Judgment considered equivalent to judgment rendered in requested MS
  • No need for additional approval by courts of requested MS
  • Enforcement cheaper and faster

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Scope

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European Commission

European Enforcement Order (IV)

Directorate-General Justice and Consumers

  • Civil and commercial matters

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  • Claims for payment of a specific sum of money that have fallen due or for which the due date is indicated in the judgment

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  • Not only court judgments, but also court settlements and authentic instruments

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Uncontested claim

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European Commission

European Enforcement Order (V)

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Directorate-General Justice and Consumers

  • Defendant has expressly agreed to claim (in court proceedings, settlement or authentic instrument)

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  • Defendant has never objected to claim in course of court proceedings

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  • Defendant has not appeared or been represented at court hearing regarding claim

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General requirements for certification

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European Commission

European Enforcement Order (VI)

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Directorate-General Justice and Consumers

  • Judgment must be enforceable in MS in which it was issued

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  • Judgment must not conflict with certain jurisdiction rules of Regulation 1215/2012
  • In consumer matters, judgment must have been issued by a court of the MS where defendant is domiciled.

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Minimum standards

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European Commission

European Enforcement Order (VII)

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Directorate-General Justice and Consumers

Minimum standards to ensure that rights of defence are respected concern:

  • Rules on service of documents on debtor

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  • Provision to the debtor of due information about

- the claim,

- the procedural steps necessary to contest the claim

- the consequences of an absence of objection

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Verification of minimum standards

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European Commission

European Enforcement Order (VIII)

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Directorate-General Justice and Consumers

  • The court that issues the EEO certificate verifies that minimum standards have been complied with This act could be carried out only by the judge

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  • EEO is issued by court of MS in which judgment has been delivered (either court that rendered the judgment or another court declared competent for that purpose)

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What if the minimum standards are not respected ?

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European Commission

European Enforcement Order (IX)

Directorate-General Justice and Consumers

Non-compliance with minimum standards can be cured if:

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  • Documents were served on defendant in accordance with rules of Regulation (or if he received documents personally in sufficient time as to arrange for his defence)

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  • Defendant had possibility to challenge the judgment and was informed about respective procedural requirements

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  • Defendant failed to challenge the judgement

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Is any review by the requested MS with respect to the foreign judgment possible?

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European Enforcement Order (X)

European Commission

Directorate-General Justice and Consumers

No review by courts of requested MS, in particular not as to substance of foreign judgment or compliance with minimum standards

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Standard forms

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European Enforcement Order (XI)

European Commission

Directorate-General Justice and Consumers

Standard forms annexed to Regulation:

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  • Forms for court issuing EEO certificate for judgments, court settlements, and authentic instruments

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  • Certificate of lack or limitation of enforceability of judgment

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Rectification and withdrawal of EEO certificate

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European Enforcement Order (XII)

European Commission

Directorate-General Justice and Consumers

  • Rectification: Material error in certificate (discrepancy between judgment and certificate) �
  • Withdrawal: Certificate clearly wrongly granted (requirements of Regulation not fulfilled)

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  • No possibility to lodge appeal against decision issuing EEO besides rectification and withdrawal

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Enforcement

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European Enforcement Order (XIII)

European Commission

Directorate-General Justice and Home affairs

  • Enforcement procedure not regulated by Regulation, but by national law
  • Claimant must provide enforcement authorities with authentic copy of judgment and of EEO certificate
  • Enforcement authorities must not refuse to enforce the judgment.

Exception: Judgment irreconcilable with earlier judgment on same cause of action and between same parties, if irreconcilability could not be raised during court proceedings

  • Enforcement proceedings may be limited or stayed if defendant decides to challenge the judgment or applies for rectification or withdrawal

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Entry into force and notifications

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European Enforcement Order (XIV)

European Commission

Directorate-General Justice and Consumers

  • The Regulation applies as of 21 October 2005

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  • MS must notify certain information necessary for application of Regulation to the Commission (through e-Justice Portal):

- Procedures for review and for rectification and withdrawal of EEO Certificate,

  • Languages accepted for completion of certificate,
  • Lists of authorities competent to receive and certify any authentic instrument concerning an uncontested claim