- Elgar European Law series
Chapter 11: Enforcement procedure
Prior to the entry into operation of the revised version of the Brussels I Regulation, the normal procedure for obtaining enforcement in an EU Member State of a civil judgment given by a court of another Member State was specified by Chapter III of the original version of the Regulation. The procedure involved 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 were in general governed by the law of the State addressed. In some exceptional cases certain other EC regulations applied. These were the Uncontested Claims Regulation, the Payment Order Regulation and the Small Claims Regulation. These regulations dispensed with the need for a declaration of enforceability, and endeavoured 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, and its accompanying Green Paper, issued in April 2009, the EC Commission referred to a study which it had commissioned on the practical application of the Regulation.
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