Article - Commercial Dispute Resolution

European Enforcement Orders

Prior to 21 October 2005 if a Claimant obtained Judgement in an English Court against a Defendant who had assets in Italy (or any other Member State apart from Denmark) then the Claimant would need to apply to have the English Judgment recognised in the Italian Courts and then enforce Judgment in Italy. A new EU Regulation (EU Regulation Number 805/2004), came into force on 21 October 2005 which enables a party to directly enforce certain Judgments obtained in one member state in another member state.

The Regulations only apply to “uncontested claims”. These situations appear to be where:

  1. The Defendant has admitted the claim or settled the claim (for example, by way of a consent order or tomlin order); or

  2. The Defendant has never objected to the claim; or

  3. The Defendant has never appeared or been represented at Court after initially objecting to the claim.

Additionally, the Claim Form (or copy of the letter served with the Claim Form) must include (Article 17) the following:

  1. The procedural requirements for contesting the claim, including the time limit to contest the claim in writing or the time for the court hearing (as applicable), the name and address of the court and whether they are required to be represented by a lawyer.

  2. The consequence of absence of objection or default of appearance, in particular the possibility that a Judgment may be given or enforced against the Debtor and the liability for costs related to the Court proceedings.

The Regulations also do not apply to bankruptcy or insolvency proceedings.

Once you obtain your Judgement you apply to the Court on Form N219 or N219A and make a Without Notice Application. The Court will then issue you with a European Enforcement Order Certificate. It is important to note that the Certificate will only be issued if you have complied with Article 17.

Once the Certificate has been obtained, the Court in the Defendant’s county must be provided with the following documents:

  1. A copy of the Judgment;

  2. A copy of the European Enforcement Order Certificate;

  3. If necessary, a translation of the European Enforcement Order Certificate into the official language of the county in which it is to be enforced.

Finally, a European Enforcement Order can be enforced in the courts of all other member states except for Denmark.

Article First Published: 11 March 2006

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