European Enforcement Orders—contesting enforcement

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • European Enforcement Orders—contesting enforcement
  • Impact of UK’s departure from the EU
  • Alternatives to enforcement under the EEO Regulation
  • What is a EEO?
  • How can a debtor challenge a EEO?
  • Where is the procedure set out?
  • Scope of the regulation
  • Applications that are available to the debtor when a EEO is issued
  • Challenging a judgment—applications before the court of origin
  • Rectification and withdrawal of the judgment—application before the court of origin
  • More...

European Enforcement Orders—contesting enforcement

This Practice Note considers the debtor’s position against a creditor who seeks to enforce a judgment, court settlement or authentic instrument in relation to an uncontested claim under Regulation (EC) 805/2004 using a European Enforcement Order (EEO). References to judgments in this Practice Note should be taken to also encompass court settlements or authentic instruments.

A prerequisite for an EEO is that the claim was uncontested, a concept explained in recital (5) as covering situations in which:

‘…a creditor, given the verified absence of any dispute by the debtor as to the nature or extent of a pecuniary claim, has obtained either a court decision against that debtor or an enforceable document that requires the debtor’s express consent, be it a court settlement or an authentic document.’

Note that once a judgment has been certified as a EEO, it is treated for enforcement purposes as if it were a judgment delivered in the EU Member State in which it is to be enforced. The enforcement process itself is then governed by the law of that EU Member State (Article 20(1) of Regulation (EC) 805/2004 and recital (8)).

This Practice Note does not cover the application by the claimant to obtain a EEO. For guidance, see Practice Note: European Enforcement Orders—obtaining an order.

Impact of UK’s departure from the EU

For practitioners considering the use of an EEO

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