EU Private International Law

EU Private International Law

Harmonization of Laws

Elgar European Law series

Peter Stone

This book focuses on harmonization of conflict laws at the European Community level, which has been driven by the introduction of a series of conventions and regulations. It offers critical assessment of these advances across four main areas of concern: civil jurisdiction and judgments; the law applicable to civil obligations; family law; and insolvency.

Chapter 11: Enforcement Procedure

Peter Stone

Subjects: law - academic, european law, private international law

Extract

THE NORMAL PROCEDURE Introduction The procedure for obtaining in a Member State, under Chapter III of the Brussels I Regulation, a declaration of enforceability in respect of a judgment given in another Member State is defined by Articles 38–56. The European Court has ruled that this procedure (‘the Chapter III procedure’) is exclusive.1 But its exclusivity has been relaxed by Article 47(1) of the Regulation, which permits the grant of provisional, including protective, measures in accordance with the law of the State addressed in support of a judgment which is recognizable but in respect of which a declaration of enforceability has not been made. In the United Kingdom, the procedure leads to an order that the judgment be registered for enforcement, and a separate application is necessary in each part of the United Kingdom (England and Wales; Scotland; Northern Ireland; and Gibraltar).2 A decision given in one part of the United Kingdom authorising or refusing registration has no binding effect in the other parts of the United Kingdom.3 Once the declaration of enforceability (or registration for enforcement) has been obtained, the actual measures of execution (such as seizure and sale of the judgment debtor’s chattels, or garnishment of his bank account) are governed by the law of the State addressed.4 Partial enforceability may be ordered; for example where the judgment deals with several claims, one of which is outside the scope of the Regulation as defined by Article 1.5 See Case 42/76: De Wolf v Cox [1976...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information