Difficulties with European Enforcement Orders

Regulation 805/2004/EC provides for the issuing of a European Enforcement Order where a court judgment on an uncontested money claim in one Member State is to be recognized and enforced in another Member State. This provision ensures that European judgments can circulate freely and that they can be enforced with few intermediate proceedings.

However, the practice is different to the theory. Delays in having the Enforcement Order issued will always arise. We are experienced in the preparation of the application and this does reduce delays. One cause of delay is when figures in the original judgment do not correspond with those in the European Enforcement Order Certificate of the originating court administration for example because the accrued interest up to a certain date has been calculated differently. Even though Article 21 (2) of the Regulation 805/2004/EC states that neither the original judgment nor the certification as European Enforcement Order may under any circumstances be reviewed as to their substance by the enforcing Member State, the court administration here will query such applications.

 Whether or not this practice is valid may be for the courts to determine in an appropriate case.