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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 449. Important points on the European Enforcement Order: not to panick!
Wednesday, February 9, 2011 @ 8:36 PM

 

See full information about the European Eforcement  for UNCONTESTED claims here

Important aspects to remark:

1) It is not for all claims but just for those uncontested. The contested ones will have to follow the traditional procedures for execution of Court decissions abroad.

2) The European Regulation lays down 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.

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.

Tarifa Harbour ( Africa mountains visible) by Kirsty Meddings at Flickr.com

 



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9 Comments


normansands said:
Thursday, February 10, 2011 @ 12:47 PM

well done Maria so how can it be contested without attending court in Spain?
can it be done by a third party?


Maria said:
Thursday, February 10, 2011 @ 2:49 PM

I do not understand your question. Can you please clarify?

Best regards,

Maria


normansands said:
Friday, February 11, 2011 @ 1:27 AM

sorry to be cryptic,
the couple reportedly involved in the newspaper claim that they could not afford to fly to Spain to contest the hearing.
could they have appointed someone else to speak for them at that hearing?
Norman


Maria said:
Friday, February 11, 2011 @ 10:02 AM

Of coruse they can have someone contesting the repossession for them.They do not need to fly to Spain.


Text said:
Thursday, March 3, 2011 @ 9:59 AM


Never underestimate the resolve of a Spanish bank in obtaining all money owing to them. British banks can be aggressive but Spanish banks are ten times worse - no matter what nationality you are! And all "paperwork" relating to Court proceedings will be fully explored by top lawyers employed by the banks to ensure that available means is exploited in the business of recovering the bank’s money.

Highly professional bandits!



Patricia said:
Monday, May 23, 2011 @ 12:42 AM

My Spanish bank has served an EEO to put a charge on my home in the UK, however irregularities surrounding 'reclassification' of the land surrounding my San Pedro apartment has come to light but I cannot get any further information from my Spanish lawyer on this. Can the Spanish bank put a charge on my UK home with this 'reclassification' outstanding? And where can I get further advice on 'reclassification' - URGENT - I am at my wits end!!!


Mel said:
Tuesday, May 24, 2011 @ 6:08 PM

Maria,

Is it correct that an EEO can not be served or enforced if a property owner has already started legal proceedings using a solicitor in an attempt to hand back the property to the bank ?


Maria said:
Tuesday, May 24, 2011 @ 7:07 PM

Yes, it is correct.
Anyhow I recommend you to use the services of a good solicitor with good expertise on the matter.

Kind regards,

Maria


June maxwell said:
Friday, August 5, 2011 @ 3:07 PM

We live in Jersey, Channel islands and can no longer afford the mortgage on our Spanish property. we have tried to find out about this but lawyers here are very expensive and I wonder if anybody knows that If we stop paying, can a EEO be enforced on us here? And will it affect our credit rating?


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