EU Private International Law

EU Private International Law

Second Edition

Elgar European Law series

Peter Stone

This thoroughly revised and updated second edition analyses in detail the current development of private international law at European Union level.

Chapter 11: Enforcement procedure

Peter Stone

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


INTRODUCTION The normal procedure for obtaining enforcement in an EU Member State of a civil judgment given by a court of another Member State is specified by Chapter III of the Brussels I Regulation. The procedure involves an ex parte application to a court of the Member State addressed for a declaration of enforceability, followed by an inter partes appeal, and a further appeal on a point of law. The actual measures of enforcement are in general governed by the law of the State addressed. In some exceptional cases, certain other EC regulations apply. These are the Uncontested Claims Regulation,1 the Payment Order Regulation,2 and the Small Claims Regulation.3 These regulations dispense with the need for a declaration of enforceability, and endeavour to make a judgment within their scope enforceable in the other Member States with only minimal exceptions. The abolition by these Regulations of the requirement of a declaration of enforceability, issued by a court of the State addressed, reflected a political mandate agreed on by the European Council at Tampere in 1999 and at the Hague in 2004. In its Report on the Application of the Brussels I Regulation, issued in April 2009,4 the EC Commission referred to a study which it had commissioned on the practical application of the Regulation. As regards the existing enforcement procedure under the Regulation, the study showed that, when the application is complete, first instance proceedings before the courts in the Member States tend to last, on average, from...

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