Nejvyšší soud, usnesení ze dne 07/02/2011 20 Cdo 4154/2008 E.S. against Z.S.
Decision by national courts in the field of European Union law — ECLI:CZ:NS:2011:20.CDO.4154.2008.1
Date: 2011-02-07
Subject matter: Judicial cooperation in civil matters
Origin: Czechia

82011CZ0207(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The judgment creditor applied for a declaration of enforceability on a default judgment from the Amtsgericht of Konstanz (DE), certified as a European Enforcement Order. The Okresní soud of Olomouci (CZ) declared the judgment enforceable in the Czech Republic and ordered execution to satisfy the judgment creditor's claim. On appeal the decision was confirmed. The judgment debtor filed a further appeal to the Nejvyšší soud (CZ), claiming that he lived in the Czech Republic and that documents in the adjudicated matter were not served on him in accordance with the Service Regulation 1348/2000. He argued that he had been served with the complaint in German only and had not been served with the judgment at all, and argued that such a judgment could not be enforceable in the Czech Republic.
The Nejvyšší soud (CZ) dismisses the further appeal of the judgment debtor. It states that the judgment creditor has submitted a copy of the judgment of origin in compliance with Article 53 of the Brussels I Regulation and the form provided in Annex I of the Enforcement Order Regulation 805/2004 – European Enforcement Order Certificate confirming that the judgment is enforceable in the country of origin. The court states further that if the German default judgment is enforceable in the country of origin and the formal requirements of Article 41 of the Brussels I Regulation are fulfilled, then it is to be declared enforceable in the Czech Republic and the court is not entitled to review whether the judgment was ‘in fact’ served on the judgment debtor and was enforceable. It concludes that, as follows from the preamble to the Regulation, this practice stems from the principle of mutual trust in the administration of justice within the Community (the court in the country of enforcement trusts the facts with respect to enforceability which the court of the country of origin stated in its certificate).