Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creates a European Enforcement Order for claims which are uncontested by debtors.
The European enforcement order is a certificate which enables judgments, court settlements and authentic instruments on uncontested claims to be recognized and enforced automatically in another Member State, without any intermediate proceedings.
According to the Regulation a claim is regarded as uncontested in one of these cases:
- 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
- If the debtor has never objected to it in the course of the court proceedings; or
- If 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; or
- If the debtor has expressly agreed to it in an authentic instrument.
European enforcement order
A judgment on an uncontested claim is certified as a European enforcement order by the Member State who delivered the judgment. Certification is carried out by means of the standard form. It is possible that it may apply to only parts of the judgment, and in this case the order will be known as “partial European enforcement order”.
The law to be applied to the enforcement procedure is that of the Member State where enforcement of the judgment is requested (Member State of enforcement). The creditor must supply the bailiff responsible for enforcement with:
- a copy of the judgment;
- a copy of the European enforcement order certificate.
Read more about Enforcement Instructions and Guidance.
Learn about Recognition and Enforcement of Foreign Judgements.
See which are the required Enforcement Documents and Forms.