European Enforcement Order:
European Enforcement Order for indisputable claims was introduced by Regulation 805/2004 of the European Parliament.
The territorial scope of its application:
It is possible to recover debts on the basis of court decisions accompanied with EEO certificate in the following countries:
Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Estonia, Finland, France, Greece, Spain, the Netherlands, Ireland, Lithuania, Luxemburg, Latvia, Malta, Germany, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden, Hungary, Great Britain, Italy, Ireland.
Regulation applies to legal transaction among all Member States of the European Union except Denmark.
The scope of application of the regulation
Regulation 805/2004 applies to civil and commercial matters. Rulings which may be assigned EEOs include judgments from recognition, default judgments, settlements reached in court in the course of the proceedings, as contained in the conciliatory proceedings and as a result of mediation, as approved by court.
The Regulation eliminates the need to use indirect measures undertaken prior to the enforcement of the court ruling in a Member State in which the enforcement is applied for, and which used to be necessary for the rulings issued in other Member States for the type and amount of a money claim whose indisputability can be verified. The conditions concern submitting documents related to default judgments. Waiving the procedure of acknowledging judgments of foreign courts (exequatur) made it possible for creditors to enforce judgments overseas more quickly and efficiently without the necessity to refer to the courts of the Member State in which the judgment is to be enforced and without the time-consuming and costly procedures.
Regulation stipulates six standard forms.
The effects of issuing EEO certification:
Each judgment, agreement or other official document with assigned EEO certification is to be enforced in other Member States, without the need to verify its enforceability and without the possibility to protest its enforceability by the debtor and third parties. Enforcement authorities of the country where the judgment is to be enforced are to treat such judgments as if they were issued on the territory of their country. The decision to establish the enforceability of a decision was fully shifted on the court of the country issuing the ruling. Enforcement proceedings are carried out in accordance with the regulations of the country in which the order is to be performed.
The Centre of Servicing European Enforcement Orders offers the possibility to recoverclaims in all of the above listed countries.
Documents required to start the proceedings:
copy of the ruling fulfilling the conditions necessary to establish its authenticity
copy of the EEO Certification fulfilling the conditions necessary to establish its authenticity
transcription of the EEO Certification or its translation into the official language of the country in which it is to be enforced
EEO Certification in Polish law:
§ 1. If an enforcement order in the form of a court decision or an agreement reached or approved by the court fulfils the requirements stipulated in separate regulations, the court that issued the decision or the court in which the agreement was reached or approved, issues such a certification upon the creditor's request which constitutes the European Enforcement Order, hereinafter referred to as "certification of European enforcement order".
§ 2. If the application for issuing the certification of the European Enforcement Order concerns an enforcement title different than the one listed in § 1, the subject of the application is decided by the District Court for the district in which it was drawn up.
The decision concerned to issue the certification of the European Enforcement Order is made by the court composed of one judge.
§ 1. The decision not to issue the certification of the European Enforcement Order is delivered to the creditor only.
§ 2. The decision not to issue the certification of the European Enforcement Order can be appealed against.§ 2.
§ 1. In cases where in separate regulations there exists a legal basis to waive the certification of the European Enforcement Title, the issuing court waives the certification upon the debtor's request.
§ 2. The application is to be submitted within one month from the date of the receipt of the decision on issuing the certification to the debtor.
§ 3. If the application is not submitted on the form specified in separate regulations, it should comply with the principles of compiling legal submissions and list the circumstances in support of the application.
§ 4. The court shall hear the creditor before the certification is waived.
§ 5. The decision to waive the Certification of the European Enforcement Order can be appealed against.
§ 1. Regulations of Art. 7951 and 7952 are applied respectively to issuing certifications on the loss of limited enforceability of enforcement order supplied with the certification of the European Enforcement Order, as stipulated in separate regulations. The debtor may also apply for such a certification.
§ 2. The decision to issue the certification mentioned in § 1, may be appealed against.
The special conditions of enforcement of decisions with EEO certification on the territory of Poland:
In Poland the requirement that needs to be fulfilled for a decision with the EEO certification to be enforceable is to carry out clause proceedings in court in accordance with an amendment to the Code of the Civil Proceedings.