Den europeiska exekutionstiteln : En studie av förordning (EG) nr. 805/2004
Increased trade and exchange within the European Community has brought with it the need for less restricted circulation of judgments. The situation has improved greatly due to the enactment of Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels I Regulation).Despite recent improvements the proceedings are still time-consuming and difficult. Many creditors refrain from having judgments recognized and enforced as the proceedings cost too much time and are too time-consuming. On January the 21st 2005 a new Regulation entered into force, Regulation (EC) No. 805/2004 creating a European Enforcement Order for uncontested claims (The Enforcement Order Regulation). The purpose of the Regulation is to permit free circulation of judgments.A judgment can be certified as a European Enforcement Order and is thereby directly enforceable throughout the European Community. Intermediate proceedings declaring the judgment enforceable are abolished. An issued European Enforcement Order furthermore prevents the parties from opposing enforcement. The exequatur is abolished and the judgment is examined only by the Member State of origin before being certified as a European Enforcement Order.The Regulation applies from October the 21st 2005. Until then only speculations can be made about its impact on the recognition and enforcement of foreign judgments. This study of the Enforcement Order Regulation and its scope shows some weak points. The Enforcement Order Regulation does however in general seem to be well suited to obtain the stated purpose: permitting free circulation of judgments.
School:Högskolan i Jönköping
Source Type:Master's Thesis
Keywords:european enforcement order international procedural law uncontested claims
Date of Publication:06/21/2005