European Enforcement Orders—obtaining an order

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

  • European Enforcement Orders—obtaining an order
  • Impact of UK’s departure from the EU
  • What is a European Enforcement Order?
  • Where is the procedure set out?
  • Scope of the regulation
  • When the regulation applies
  • When the regulation does not apply
  • Conditions that are required in order to certify an enforcement title as a EEO
  • The claim must be uncontested
  • What is meant by a claim?
  • More...

European Enforcement Orders—obtaining an order

This Practice Note considers the creation of a European Enforcement Order (EEO) for uncontested claims under Regulation (EC) 805/2004 (EEO Regulation). The concept of ‘uncontested claims’ covers situations where 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 the regulation governs the procedure for obtaining an enforcement order which allows the creditor to enforce a judgment in another EU Member State. The enforcement procedure is governed by the applicable procedural law of the EU Member State in which the enforcement is sought (Article 20(1) of Regulation (EC) 805/2004).

Impact of UK’s departure from the EU

For practitioners considering the use of an EEO in the UK, it is important to be aware of the impact of the UK’s departure from the EU. Applications for an EEO for uncontested claims in the UK are no longer available. The procedure had to have been commenced prior to IP completion day (31 December 2020 at 11 pm) with the transitional provisions set out in Article 67(2)(d) of the Withdrawal Agreement between the UK and the EU being met by that date. For

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