European Enforcement Order
European Enforcement Order for uncontested claims was introduced by the Regulation No. 805/2004 of the European Parliament.
Scope of the Regulation:
Regulation No. 805/2004 applies in civil and commercial matters. The statements which may be given the EEO certificate are among others: judgments from recognition, default judgments, settlements concluded before the court during the proceedings, concluded during the conciliatory proceedings and as a result of mediation, approved by the court.
Documents enabling commencing proceedings
copy of the judgment meeting all the conditions necessary to state its authenticity
copy of the EEO Certificate meeting all the conditions necessary to state its authenticity
transcription of the EEO Certificate or its translation into the official language of the executing state.
EEO Certificate in the Polish law.
§ 1. If the Enforcement Order in the form of the court statement, settlement concluded before the court or approved by the court meets the conditions described in the separate provisions, the court which issued the statement or before which the settlement was concluded, or which approved the settlement, at the request of the creditor issues the certificate stating that they are the European Enforcement Order, hereinafter referred to as “the European Enforcement Order Certificate”.
§ 2. If the application to issue the European Enforcement Order Certificate concerns different enforcement order than mentioned in § 1, application subject is decided by the district court, in whose district the order was made.
The decision on issuing the European Enforcement Order Certificate is issued by one judge only.
§ 1. The decision to refuse to issue the European Enforcement Order Certificate is delivered only to the creditor.
§ 2. Pursuant to the refusal to issue the European Enforcement Order Certificate, the creditor has the right to file a complaint.
§ 1. In case it is stated that in the separate provisions there is a basis to reverse the European Enforcement Order Certificate, the court which issued it, at the request of the debtor, reverses the certificate.
§ 2. The application needs to be made within a month from the date of delivery of the decision on issuing the Certificate to the debtor.
§ 3. If the application is not made on the form described in the separate provisions, it should meet the requirements of a pleading and show the circumstances justifying the application.
§ 4. Before the certificate is reversed, the court hears the creditor.
§ 5. A complaint may be filed concerning the decision to reverse the European Enforcement Order Certificate.
§ 1. The provisions of the articles 7951 and 7952 are appropriately applied in issuing certificates on losing or limiting executability of an enforcement order with the European Enforcement Order Certificate, as provided in the separate provisions. An application to issue such a certificate might be also submitted by the debtor.
§ 2. A complaint may be filed concerning the decision mentioned in § 1.
Special conditions of the Execution of the statements with the EEO Certificate in the area of Poland
In Poland the condition to levy an execution is appending the enforcement close to the statement with the EEO Certificate. Hence, the clause proceedings need to be conducted before the court, pursuant to the amendment of the Code of Civil Procedure.
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