Information about European Enforcement Order
The European Enforcement Order gives creditors a simplified method of enforcing debt judgments within the European Union (excluding Denmark). In practice, a EEO is a certificate that allows judgments, court settlements and authentic instruments on uncontested claims to be directly recognized and enforced in another Member State, without the need of intermediate proceedings. The procedure was created by Regulation nº 805/2004.
When a European Enforcement Order is issued, there is no need for the creditor does to obtain a declaration of enforceability in the EU country where the enforcement of the judgment is wanted. However, the Regulation applies only to undisputed claims in civil or commercial matters. Such as, a claim for certain amount of money which has fallen due, and not objected by the debtor.
In accordance to the Regulation a claim will be considered 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 compliance with the relevant procedural requirements under the law of the Member State of origin, 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, 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; or
- the debtor has expressly agreed to it in an authentic instrument.
A EEO certificate is granted on request of the creditor. The certificate is usually requested from the court that processed the case and it is issued, using a standad form. The request can be made during or after the proceedings.
Once obtained European Enforcement Order, the creditor can then file an application to enforce the judgment with the competent authority in another EU member.
The application must include the following documents:
- a copy of the judgment with the necessary conditions to establish its authenticity; and
- a copy of the EEO certificate that fulfill the conditions necessary to establish its authenticity; and
- where necessary, a transcription of the EEO certificate or a translation thereof into the official language of the country of enforcement or into another language that the country of enforcement accepts.. The translation needs to be certified by a qualified translator to do so in one of the Member States.
A European Enforcement Order could be refused, if the judgment is incompatible with an earlier judgment issued in the country of enforcement.
If you have any questions regarding European Enforcement Orders, at LawyersAbogados we will be glad to assist you with enforcing your foreign judgment in Spain.