European Enforcement Order

As former Vice-President of the European Commission, Jacques Barrot stated, “individuals and businesses should be able to exercise their rights in all the Member States, irrespective of their nationality”

The European Enforcement Order permits the use of judgments, court settlements and authentic instruments throughout all Member States with the exception of Denmark. It eliminates the need of any intermediate proceedings, such as “exequatur”.

The European Enforcement Order is a certificate which accompanies a judgment, a court settlement or an authentic instrument and which allows it to freely circulate in the European Union. In itself, this certificate composes  a “European judicial Passport” for decisions, settlements, and authentic instruments. It is only applicable for uncontested claims.

The procedure was instituted by Council Regulation (EC) 805/2004 and came into force on October 21st 2005.

The EEO must concern an uncontested pecuniary claim in a civil or commercial matter. According to Article 3 of the regulation a claim is considered to be uncontested in the following situations:

a. 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 during the course of proceedings;

b. The debtor has never objected to it, in compliance with the relevant procedural requirements under the law of the Member State of origin (where the judgement was given or the claim arose);

c. 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, provided that such conduct amounts to a tacit admission of the claim or of the facts alleged by the creditor under the law of the Member State of origin;

d. The debtor has expressly agreed to it in an authentic instrument such as  a document with its content and signatures authenticated by a public authority.

The EEO can only be used in civil or comercial matters. It does not apply to the following situations:

1.  Status or legal capacity of natural persons,

2. Rights in property derived  from marriage relationships, wills and successions

3. Bankruptcy, proceedings associated with winding-up of insolvent companied or other legal entities

4.  Social Security and Arbitration matters

 If you need to enforce a EEO from your country of origin in Spain, contact our Law firm.

Telephone: 951 082 338    

Email: info@lawyersabogados.es

 

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