European Enforcement Order for uncontested claims
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The European Enforcement Order provides creditors with a simplified process to enforce debt judgments in the European Union (Denmark is excluded).

Effectively, it is a certificate which allows judgments, court settlements and authentic instruments on uncontested claims, to be instantly recognized and enforced in another EU Member State, free from any intermediate proceedings. The procedure was created by EU Regulation nº 805/2004.

 

Once a European Enforcement Order is issued, the creditor does not need to obtain a declaration of enforceability in the EU country where the enforcement of the  judgment is requested. Nevertheless, the Regulation is only applicable to undisputed claims in civil or commercial matters. For instance, a claim for certain amount of money which has fallen due, and has not been objected by the debtor.

 

According to the Regulation a claim will be considered as uncontested if:

–  the debtor has expressly acknowledged it by admission or by means of a settlement, approved by a court or concluded before a court in the course of proceedings; or

–  the debtor has never objected to it, in accordance with the relevant procedural requirements under the law of the Member State of origin, throughout the course of the court proceedings; or

–  the debtor has not appeared  at a court hearing related  that claim after having initially objected to the claim in the course of the court proceedings, when such conduct, result in a tacit admission of the claim or of the facts alleged by the petitioner under the law of the Member State of origin; or

–  the defendant has expressly agreed to it in an public document.

 

The  European Enforcement Order certificate is given on request of the petitioner, it is requested to the court which handled the case and is issued, using a standard form. The request can be made during or after the proceedings.

 

After  obtaining the EEO, the creditor can then file an application to enforce the ruling with the competent authority in the other European Union member.

 

The following documents need to be included in the application:

 

–  a copy of the judgment with the necessary requirements to determine its authenticity; and

–  a copy of the EEO certificate satisfying the necessary conditions 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 accepted by the country of enforcement. The translation must be certified by a qualified translator in one of the participant Member States.

 

The EEO could be refused, if the judgment is in conflict with a prior sentence issued in the country of enforcement.
Should you have to enforce a European Enforcement Orders, in Lawyers in Spain, we will be glad to assist you with enforcing your foreign judgment in Spain.
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