Chapter 11: Enforcement procedure
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...
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