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