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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

European Commission

European Enforcement Order

Directorate-General Justice and Consumers

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Background

European Commission

European Enforcement Order (I)

Directorate-General Justice and Consumers

Context: Programme of mutual recognition

Main objective of programme: Abolition of exequatur

EEO abolishes exequatur for judgments on uncontested claims

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Mechanism

European Commission

European Enforcement Order (II)

Directorate-General Justice and Consumers

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

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

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

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).

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

European Commission

European Enforcement Order (IV)

Directorate-General Justice and Consumers

Civil and commercial matters

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

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

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Uncontested claim

European Commission

European Enforcement Order (V)

Directorate-General Justice and Consumers

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

Defendant has never objected to claim in course of court proceedings

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

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General requirements for certification

European Commission

European Enforcement Order (VI)

Directorate-General Justice and Consumers

Judgment must be enforceable in MS in which it was issued

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

European Commission

European Enforcement Order (VII)

Directorate-General Justice and Consumers

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

Rules on service of documents on debtor

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

European Commission

European Enforcement Order (VIII)

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

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 ?

European Commission

European Enforcement Order (IX)

Directorate-General Justice and Consumers

Non-compliance with minimum standards can be cured if:

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)

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

Defendant failed to challenge the judgement

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

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

European Enforcement Order (XI)

European Commission

Directorate-General Justice and Consumers

Standard forms annexed to Regulation:

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

Certificate of lack or limitation of enforceability of judgment

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Rectification and withdrawal of EEO certificate

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)

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

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Enforcement

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

European Enforcement Order (XIV)

European Commission

Directorate-General Justice and Consumers

The Regulation applies as of 21 October 2005

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