Opinion of the Advocate General — ECLI:EU:C:2015:557
Date: 2015-09-08
Language of the case: Dutch
Subject matter: Area of freedom, security and justice;Judicial cooperation in civil matters
Procedure: Reference for a preliminary ruling
Origin: Belgium

summary of Belgian case-law in this area and of the practice developed in Belgium by the judges and registrars in relation to the certification of judgments as European Enforcement Orders may be found in C. Vanheukelen, ‘Le titre exécutoire européen — Approche d’un praticien du droit’, in G. de Leval and F. Georges (dirs.): Le Droit judiciaire en mutation. En hommage à Alphonse Kohl. Liège: Anthemis, 2007, p. 17 et seq. 29 ‘The EEO [European Enforcement Order] is not a “special kind of judgment”, but a “classification” of certain judgments, transactions and documents which, once it has been established that they have been issued in accordance with certain requirements and once compliance with those requirements has been attested in a document (that is to say, the EEO certificate), enables them to have throughout the European Community the same enforceability as they enjoy in the Members State in which they have been issued … The EEO certificate … is a document which proves that the aforementioned conditions have been satisfied and expresses the essential content of the … enforceable judgment … Classification as an EEO is recorded by means of the appropriate “EEO certificate”’ (R. Gil Nievas and J. Carrascosa González, ‘Consideraciones sobre el Reglamento 805/2004, de 21 de abril de 2004, por el que se establece un título ejecutivo europeo para créditos no impugnados’, in A.L. Calvo Caravaca and E. Castellanos Ruiz (dirs.): La Unión Europea ante el Derecho de la globalización. Colex, 2008, pp. 380 and 381). 30 See also recital 17, which refers to ‘[t]he courts competent for scrutinising full compliance with the minimum procedural standards’. 31 See also the works of Belgian authors cited in footnote 28. 32 A European Enforcement Order certificate may be rectified only in the case where, due to a material error, there is a discrepancy between the judgment and the certificate (Article 10(1)(a) of the EEO Regulation) or withdrawn only in the case where it was clearly wrongly granted, having regard to the requirements laid down in that regulation (Article 10(1)(b) of the EEO Regulation). 33 Recital 18 in the preamble to the EEO Regulation.