El blog de Maria

Some of you may have heard of an European Regulation by which a debt in any of the State members is directly enforceable in your country, against your assets.

Well, let me specify to you some points regarding this order as it is not as aggressive as it seems. The main contribution of the order is its potential for the unifying of Case Law along the european territory.

Three key ideas to take into good account:

1) The claim needs to be uncontested

2) The European Regulation stablishes minimum standards with regard to the service of documents (the document instituting proceedings and, where applicable, the  summons to a court hearing) to ensure that the rights of the defence are respected. Only the document service methods listed in the Regulation are allowed if the judgment is to be certified as a European enforcement order.

3) The competent court in the enforcing Member State may, subject to certain conditions, refuse to enforce a judgment if it is irreconcilable with an earlier judgment given in any Member State or in a third country. In certain cases, it can also stay or limit enforcement.