Edited by Peter Mankowski
Chapter 14: Article 55 Brussels Ibis Regulation, enforcement by penalty and the astreinte
While the European Commission proposed to extend the principle of free movement to court decisions ordering an ‘unquantified’ penalty payment, the European Union legislator finally opted for the status quo in Regulation (EU) No 1215/2012 of 12 December 2012. If, in the state of the positive law, this solution appears fully justified, the holding of a hypothetical harmonization of national legislation relating to the penalty payment could make the European Commission's proposal realistic and appropriate.
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