Proposal for a Council Regulation creating a European enforcement order for uncontested claims
Date: 2002-04-18
Institutions: European Commission
Subjects: civil law, claim, commercial law, judicial cooperation, law of obligations

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Proposal for a Council Regulation creating a European enforcement order for uncontested claims

(2002/C 203 E/14)

COM(2002) 159 final — 2002/0090(CNS)

(Submitted by the Commission on 18 April 2002)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 61(c) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social
Committee,

Whereas:

(1) The Community has set itself the objective of maintaining
and developing an area of freedom, security and justice, in
which the free movement of persons is ensured. To this
end, the Community is to adopt, among others, measures
in the field of judicial cooperation in civil matters that are
necessary for
the internal
market.

functioning of

the proper

(2) On 3 December 1998, the Council adopted an Action
Plan of the Council and the Commission on how best
to
of
provisions
Amsterdam on an area of freedom, security and justice
(the Vienna Action Plan (1)).

implement

Treaty

the

the

of

(3) The European Council meeting in Tampere on 15 and
16 October 1999 endorsed the principle of mutual recog-
judicial decisions as the cornerstone for the
nition of
creation of a genuine judicial area.

(4) On 30 November 2000,

the Council adopted a joint
the Commission and the Council of
programme of
measures for the implementation of
the principle of
mutual recognition of decisions in civil and commercial
matters (2). This programme includes in its first stage the
abolition of exequatur, that is to say the creation of a
European Enforcement Order for uncontested claims.

(5) The concept of

‘uncontested claims’ should cover all
in which a creditor, given the verifiable
situations
absence of any dispute by the debtor over the nature or

extent of a pecuniary claim, has obtained either a court
decision against that debtor or an enforceable document
the debtor's express consent, be it a
that
settlement
an authentic
court or
instrument.

approved by

requires

a

(6) Access to enforcement in a Member State other than that
in which the judgement has been given should be accel-
erated and simplified by dispensing with any intermediate
measures to be taken prior to enforcement in the Member
State in which enforcement is sought. A judgement that
has been certified as a European Enforcement Order by
the court of origin should, for enforcement purposes, be
treated as if it had been delivered in the Member State in
which enforcement is sought.

(7) Such a procedure should offer significant advantages as
compared with the exequatur procedure provided for in
Council Regulation (EC) No 44/2001 of 22 December
2000 on jurisdiction and the recognition and enforcement
of judgements in civil and commercial matters (3), in that
there is no need for the involvement of the judiciary in a
second Member State with the resulting delays and
expenses.
It should also generally dispense with the
need for translation since multilingual standard forms
are to be used for certification.

(8) Where a court in a Member State has given judgement on
an uncontested claim in the absence of participation of
the debtor in the proceedings, the abolition of any checks
in the Member State of enforcement is inextricably linked
to and dependent upon the existence of a sufficient
guarantee of the observance of the rights of the defence.

(9) This Regulation respects

the fundamental

rights and
observes the principles recognised in particular by the
Charter of Fundamental Rights of the European Union.
In particular, it seeks to ensure full respect for the right
to a fair trial as recognised in Article 47 of the Charter.

(10) Minimum standards

established for

the
should be
proceedings leading to the judgement in order to ensure
that the debtor is informed about the court action against
him, the requirements for his active participation in the
proceedings to contest the claim at stake and about the
consequences of his non-participation in sufficient time
and in such a way as to enable him to arrange for his
defence.

(1) OJ C 19, 23.1.1999, p. 1.
(2) OJ C 12, 15.1.2001, p. 1.

(3) OJ L 12, 16.1.2001, p. 1.

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(11) Due to considerable differences between the Member
States as regards the rules of civil procedure and especially
those governing the service of documents, it is necessary
to be specific and detailed in an autonomous definition of
these minimum standards. In particular, any method of
service
fiction or on a
presumption without proof as regards the fulfillment of
these minimum standards cannot be considered sufficient
for
the certification of a judgement as a European
Enforcement Order.

is based on a legal

that

(12) The courts competent for the proceedings leading to the
judgement should be entrusted with the task of scruti-
nising full compliance with the minimum procedural
standards before delivering a standardised European
Enforcement Order certificate that makes this examination
and its result transparent.

(13) Mutual

trust

justice in the
in the administration of
Community justifies the assessment by the court of one
Member State that all conditions for certification as a
European Enforcement Order are fulfilled to enable the
enforcement of a judgement in all other Member States
without judicial review of the proper application of the
procedural minimum standards in the Member State
where the judgement is to be enforced.

(14) This Regulation does not imply an obligation for the
Member States to adapt their national legislation to the
It
minimum procedural standards as set out
provides an incentive to that end by making available a
more efficient and rapid enforceability of judgements in
other Member States only if these minimum standards are
met.

therein.

(15) The

for

application

certification

European
Enforcement Order
for uncontested claims should be
optional for the creditor who may instead choose the
system of recognition and enforcement under Regulation
(EC) No 44/2001 or other Community instruments.

as

a

(16) Since the objectives of the proposed action cannot be
sufficiently achieved by the Member States and can
therefore, by reason of the scale or effects of the action,
be better achieved at Community level, the Community
may adopt measures, in accordance with the principle of
subsidiarity as set out
In
accordance with the principle of proportionality, as set
out in that Article, this Regulation does not go beyond
what is necessary in order to achieve those objectives.

in Article 5 of

the Treaty.

(17) The measures necessary for the implementation of this
Regulation should be
adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (1).

(1) OJ L 184, 17.7.1999, p. 23.

(18) [The United Kingdom and Ireland,

establishing

the Treaty

in accordance with
Articles 1 and 2 of the Protocol on the position of the
United Kingdom and Ireland annexed to the Treaty on
European Union and
the
European Community, are not participating in the
adoption of
this Regulation, and are therefore not
bound by it nor subject to its application.]/[The United
Kingdom and Ireland, in accordance with Article 3 of the
Protocol on the position of
the United Kingdom and
Ireland annexed to the Treaty on European Union and
the Treaty establishing the European Community, have
given notice of their wish to take part in the adoption
and application of this Regulation.]

(19) Denmark,

in accordance with Articles 1 and 2 of the
Protocol on the position of Denmark annexed to the
Treaty on European Union and the Treaty establishing
the European Community,
is not participating in the
adoption of this Regulation, and is therefore not bound
by it nor subject to its application,

HAS ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter

this Regulation is to create a European
The purpose of
Enforcement Order for uncontested claims to permit the free
circulation of
judgements, court settlements and authentic
instruments throughout all Member States by laying down
minimum standards whose observance renders unnecessary
any intermediate proceedings to be taken in the Member
State of enforcement prior to recognition and enforcement.

Article 2

Scope

1.
This Regulation shall apply in civil and commercial
matters, whatever the nature of the court or tribunal. It shall
not extend, in particular, to revenue, customs or administrative
matters.

2.

This Regulation shall not apply to:

(a) the status or legal capacity of natural persons, rights in
property arising out of a matrimonial relationship, wills
and succession;

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(b) bankruptcy, proceedings relating to the winding-up of
judicial

insolvent
arrangements, compositions and analogous proceedings;

companies or other

legal persons,

(c) social security;

(d) arbitration.

In this Regulation, the term ‘Member State’ shall mean
[United

3.
Member States with the exception of Denmark.
Kingdom, Ireland]

Article 3

Definitions

For the purposes of this Regulation:

1.

2.

‘judgement’ means any judgement given by a court or
tribunal of a Member State, whatever the judgement may
including a decree, order, decision or writ of
be called,
the determination of costs or
execution, as well as
expenses by an officer of the court;

(betalningsföreläggande),

in Sweden, in summary proceedings concerning orders to
pay
‘court’
(kronofogde-
includes the ‘Swedish enforcement service’
myndighet);

expression

the

3.

‘claim’ means a pecuniary claim for a specific amount that
has fallen due;

4. a claim is to be regarded as ‘uncontested’ if the debtor has:

(a) expressly agreed to it

the court
proceedings by
a
admission or by
settlement which has been approved by the court; or

in the course of

concluding

(b) never objected to it

in the course of

the court
proceedings; a statement by the debtor exclusively
based on factual difficulties to honour a debt cannot
be regarded as an objection in this respect; or

(c) not appeared or been represented at a court hearing
regarding that claim after having initially contested the
claim in the course of the court proceedings; or

(d) expressly agreed to it in an authentic instrument;

bound, in the Member State of origin, to a period which
is laid down by the law and starts to run by virtue of that
same judgement;

7.

‘authentic instrument’ means:

(a) a document which has been formally drawn up or
registered as an authentic instrument, and whose auth-
enticity:

(i) relates to the content of the instrument; and

(ii) has been established by a public authority or other
that purpose by the

authority empowered for
Member State in which it originates; or

(b) an arrangement relating to maintenance obligations
concluded with administrative authorities or auth-
enticated by them;

‘Member State of origin’ means the Member State in which
the judgement to be certified as a European Enforcement
Order has been delivered;

‘Member State of enforcement’ means the Member State in
the judgement certified as a
which enforcement of
European Enforcement Order is sought;

‘court of origin’ means
judgement
Order.

that delivered the
to be certified as a European Enforcement

the court

8.

9.

10.

CHAPTER II

EUROPEAN ENFORCEMENT ORDER

Article 4

Abolition of exequatur

A judgement on an uncontested claim which has been certified
as a European Enforcement Order in the Member State of
origin shall be recognised and enforced in the other Member
States without any special procedure being required in the
Member State of enforcement.

Article 5

5. a judgement has ‘acquired the authority of a final decision’

if:

Requirements for certification as a European Enforcement
Order

(a) no ordinary appeal lies against the judgement; or

(b) the time limit

the
judgement has expired and no such appeal has been
lodged;

for an ordinary appeal against

6.

‘ordinary appeal’ means any appeal which may result in
the annulment or the amendment of the judgement which
is the subject matter of the procedure of being certified as
a European Enforcement Order the lodging of which is

Where a judgement on an uncontested claim has been
delivered in a Member State, the court of origin shall, upon
application by
a European
the
Enforcement Order if:

creditor,

certify

as

it

(a) the judgement is enforceable and has acquired the authority
of a final decision in the Member State of origin; and

(b) the judgement does not conflict with sections 3, 4 or 6 of

Chapter II of Regulation (EC) No 44/2001; and

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(c) where a claim is uncontested within the meaning of Article
3(4)(b) or (c) of this Regulation, the court proceedings in
the Member
the procedural
State of origin meet
requirements as set out in Chapter III; and

(d) where the service of documents required under Chapter III
of this Regulation has to be effected in a Member State
other than the Member State of origin, such service has
taken place in conformity with Article 31.

Article 9

European Enforcement Order certificate for protective
measures

1. Where a judgement on an uncontested claim has not
acquired the authority of a final decision yet but all other
conditions of Article 5 are fulfilled, the court of origin shall,
upon application by the creditor, give a European Enforcement
Order certificate for protective measures using the standard
form in Annex II.

Article 6

Partial European Enforcement Order

The court of origin shall

1.
Enforcement Order
judgement
that meet
where a judgement has been given:

certificate
the requirements of

issue a partial European
the
those parts of
for
this Regulation

(a) on several matters and not all of them concern pecuniary
claims for a specific amount that have fallen due; or

(b) on a pecuniary claim for a specific amount that has fallen
due and not all of
the
requirements for certification as a European Enforcement
Order.

is uncontested or meets

it

An applicant may request certification as a European

2.
Enforcement Order limited to parts of a judgement.

Article 7

Content of the European Enforcement Order certificate

The court of origin shall issue the European Enforcement

1.
Order certificate using the standard form in Annex I.

The

European

Enforcement Order

for
2.
protective measures carries with it the power to proceed to
any protective measures against the property of the debtor in
the Member State of enforcement.

certificate

Nothing shall prevent the creditor from availing himself
3.
of provisional,
including protective, measures in accordance
with the law of the Member State of enforcement without a
European Enforcement Order certificate being required.

CHAPTER III

MINIMUM STANDARDS FOR UNCONTESTED CLAIMS
PROCEDURES

Article 10

Scope of application of minimum standards

is uncontested within the
A judgement on a claim that
meaning of Article 3(4)(b) or (c) because of the absence of
objections or because of the default of appearance at a court
hearing can be certified as a European Enforcement Order only
if the court proceedings in the Member State of origin met the
procedural requirements as set out in this Chapter.

The European Enforcement Order certificate shall be

2.
issued in the language of the judgement.

Article 11

Methods of service of the document instituting the
proceedings

The number of authenticated copies of

3.
the European
Enforcement Order certificate which shall be supplied to the
creditor shall correspond to the number of authenticated copies
of the judgement to be supplied to the creditor in accordance
with the law of the Member State of origin.

Article 8

Appeal

No appeal shall lie against the decision on an application for a
European Enforcement Order certificate.

The

document

an
1.
equivalent document must have been served on the debtor
by one of the following methods:

the proceedings or

instituting

(a) personal service attested by an acknowledgement of receipt,
including the date of receipt, which is signed by the debtor;
or

(b) personal service attested by a certificate by the competent
official who effected the service that the debtor has received
the document; or

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(c) postal service attested by an acknowledgement of receipt
including the date of receipt, which is signed and returned
by the debtor; or

Article 13

Proof of service

(d) service by electronic means such as fax or e-mail, attested
by an acknowledgement of receipt including the date of
receipt, which is signed and returned by the debtor.

2.
For the purpose of paragraph 1, the document may have
been served on the debtor's statutory legal representative or on
the debtor's authorised representative.

Article 12

Substitute service

If reasonable efforts to serve the document instituting the
1.
proceedings or
an equivalent document on the debtor
personally under Article 11(1)(a) or (b) have been unsuccessful,
substitute service may have been effected by one of
the
following methods:

(a) personal service at the debtor's personal domicile on adults
who are domiciled in the same household as the debtor or
are employed in that household;

(b) in the case of a self-employed debtor, a company or other
legal person, personal service at the debtor's professional
domicile on adults who are employed by the debtor;

(c)

in the case of a self-employed debtor, a company or other
legal person, deposit of
in the debtor's
mailbox at his domicile if the mailbox is suitable for the
safe keeping of mail;

the document

(d) in the case of a self-employed debtor, a company or other
legal person, deposit of the document at a post office or
with competent public authorities and written notification
of that deposit in the debtor's mailbox at his domicile if the
mailbox is suitable for the safe keeping of mail and the
the
written notification clearly states the character of
document as a court document and the legal effect of the
notification as effecting service and setting in motion the
running of time for time limits.

2.
For the purpose of paragraph 1, the document may have
been served on the debtor's statutory legal representative or on
the debtor's authorised representative.

3.
For the purposes of this Regulation, substitute service
under paragraph 1 is not admissible if the address of the
debtor's domicile is not certain.

Proof of service in compliance with Articles 11 and 12 shall be
supplied to the court of origin. Such proof shall be established:

(a) by an acknowledgement of receipt by the debtor under

Article 11(1)(a), (c) and (d);

(b) in all other cases by a document signed by the competent

official who effected service which states:

(i) the time and place of service;

(ii) the method of service;

(iii) if the document has been served on a person other
the name of that person and his

than the debtor,
relation to the debtor.

Article 14

Methods of service of the summons to a court hearing

In case of a judgement on a claim that is uncontested within
the meaning of Article 3(4)(b) or (c) because the debtor has not
appeared or been represented at a court hearing,
the
summons to that hearing has not been served together with
the document
instituting the proceedings or an equivalent
document it must have been served on the debtor:

if

(a)

in compliance with Articles 11, 12 and 13; or

(b) orally in a previous court hearing on the same claim and
proven by the minutes of that previous court hearing.

Article 15

Service in sufficient time to arrange for defence

1.
The debtor must have been allowed a time period to
arrange for his defence and react to the claim of at least 14
calendar days, or, if the debtor is domiciled in a Member State
other than the Member State of origin, of at least 28 calendar
days, starting from the date of service of the document which
institutes the proceedings or of an equivalent document on
him.

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In case of a judgement on a claim that is uncontested
2.
within the meaning of Article 3(4)(b) or (c) because the debtor
has not appeared or been represented at a court hearing, if the
summons to that hearing has not been served together with the
an equivalent
document
document, the debtor must have been served with it at least
14 calendar days, or, if the debtor is domiciled in a Member
State other than the Member State of origin, at
least 28
calendar days before the court hearing to enable him to
appear or to arrange for his representation.

the proceedings or

instituting

— without an examination of the justification of the claim

by the court; or

— after a limited examination of the justification of the

claim by the court;

(d) the fact, in Member States where that is the case, that:

— there is no ordinary appeal against such a judgement;

Article 16

or

Due information of the debtor about the claim

In order to ensure due information of the debtor about the
claim,
the
equivalent document must have contained:

instituting the proceedings or

the document

(a) the names and the domiciles of the parties;

(b) the amount of the claim;

(c)

if interest on the claim is demanded, the interest rate and
the time period that interest
is demanded for unless a
statutory interest
is added to the principal without
demand under the law of the Member State of origin;

(d) the cause of action, including at least a brief description of
the circumstances invoked as the basis of the claim.

— that the scope of judicial review of an ordinary appeal

is limited;

(e)

the possibility of certifying such judgement as a European
Enforcement Order without a possibility to appeal such
certification and the resulting possibility of enforcement
in all other Member States without any intermediate
measure in the Member State of enforcement.

Article 18

Due information of the debtor about the procedural steps
necessary to avoid a judgement in default of appearance at
a court hearing

In order to ensure due information of the debtor about the
procedural steps necessary to avoid a judgement on a claim
that is uncontested because of his default of appearance at a
court hearing, the court must have clearly stated in or together
with the summons:

Article 17

Due information of the debtor about the procedural steps
necessary to contest the claim

(a) when and where the hearing was to take place;

In order to ensure due information of the debtor about the
procedural steps necessary to contest the claim, the following
features must have been clearly stated in or together with the
document
equivalent
document:

instituting the proceedings or

the

(a) the time limit for contesting the claim and the address to
which the statement of opposition was to be sent, as well
as the formal requirements to contest including represen-
tation by a lawyer where that is mandatory;

(b) the possibility of a judgement in favour of the creditor in
case of non-compliance with the requirements to contest
the claim;

(b) the possible consequences as listed in Article 17(b), (c), (d)

and (e) in the case of his default of appearance.

Article 19

Cure of non-compliance with minimum standards

1.
If the proceedings in the Member State of origin did not
meet the procedural requirements as set out in Articles 11-18,
this non-compliance is cured and a judgement can be certified
as a European Enforcement Order if:

(a) the judgement has been served on the debtor in compliance
with the requirements pursuant to Articles 11 to 14; and

(c) the fact, in Member States where that is the case, that in
the absence of opposition by the debtor a judgement in
favour of the creditor can be handed down:

(b) it was possible for the debtor to challenge the judgement

by means of an ordinary appeal; and

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(c) the time limit for lodging such an ordinary appeal

is at
least 14 calendar days or,
if the debtor is resident in a
Member State other than the Member State of origin, at
least 28 calendar days from the date of service of the
judgement; and

(d) the debtor has been duly informed in or together with the

judgement about:

(i) the possibility of an ordinary appeal; and

(ii) the time limit for such an ordinary appeal; and

(iii) where and how the ordinary appeal has to be lodged;

and

(e) the debtor has failed to lodge an ordinary appeal against

the judgement within the time limit.

2.
If the proceedings in the Member State of origin did not
meet the procedural requirements as set out in Articles 11 to
14, this non-compliance is cured and a judgement can be
certified as a European Enforcement Order if it is established
that the debtor has personally received the document to be
served in sufficient time to arrange for his defence pursuant
to Article 15 and in compliance with Articles 16, 17 and 18.

Article 20

Minimum standards for relief from the effects of the
expiration of time

1.
If a judgement on a claim that is uncontested within the
meaning of Article 3(4)(b) or (c) because of the absence of
objections or because of the default of appearance at a court
hearing has been certified as a European Enforcement Order,
the debtor shall be entitled to be relieved from the effects of
the expiration of the time for ordinary appeal against
the
judgement by the competent court of the Member State of
origin upon application at least if the following conditions
are fulfilled:

(a) the debtor, without any fault on his part:

(i) did not have knowledge of the judgement in sufficient

time to lodge an ordinary appeal; or

(ii) did not have knowledge of the document instituting
the proceedings or equivalent document in sufficient
time to defend unless the conditions of Article 19(1)
are fulfilled; or

(iii) did not have knowledge of the summons in sufficient
time to appear at a court hearing unless the conditions
of Article 19(1) are fulfilled; and

(b) the debtor has disclosed a prima facie defence to the action

on the merits.

2.
If a judgement under paragraph 1 is not open to full
judicial review upon ordinary appeal in the Member State of
the debtor shall be entitled upon application to be
origin,
relieved from the effects of
time for
from the effects of not having
contesting the claim or
appeared at a court hearing at least if the conditions as set
out in paragraph 1(a)(ii) or (iii) and (b) are fulfilled.

the expiration of

this Article,

For the purposes of

3.
the debtor shall be
allowed a time limit for the application for relief of at least
14 calendar days or, if the debtor is domiciled in a Member
State other than the Member State of origin, of at least 28
calendar days after the debtor has knowledge of the judgement.

CHAPTER IV

ENFORCEMENT

Article 21

Enforcement procedure

1. Without prejudice to the provisions of this Chapter, the
enforcement procedures shall be governed by the law of the
Member State of enforcement.

2.
The creditor shall be required to provide the competent
enforcement authorities of the Member State of enforcement
with:

(a) a copy of the judgement which satisfies the conditions

necessary to establish its authenticity; and

(b) a copy of

the European Enforcement Order certificate
which satisfies the conditions necessary to establish its
authenticity; and

language that

(c) where necessary, a translation, into the official language or
the Member State of
languages of
the official
one of
enforcement or any other
the Member
State of enforcement has indicated it can accept, of those
parts of the European Enforcement Order certificate that do
not consist of names, addresses and numbers entered or
boxes ticked. Each Member State shall indicate the official
languages of the European Union other than its own which
it can accept for the completion of the certificate. The
translation shall be certified by a person qualified to do
so in one of the Member States.

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No additional

fee, security, bond or deposit, however
3.
shall be required of a creditor who in one
described,
judgement
Member State
certified as
in another
a European Enforcement Order
Member State on the ground that he is a foreign national or
that he is not domiciled or resident in the Member State of
enforcement.

enforcement of

applies

for

a

Article 24

Information on enforcement procedures

1.
The Member States shall, in order to facilitate access to
enforcement procedures in the Member State of enforcement
for a creditor who has obtained a European Enforcement Order
certificate,
the general public and
professional circles with information on:

to provide

cooperate

The creditor shall not be required to provide a mailing
4.
address in the Member State of enforcement or to have an
authorised representative for the enforcement of a judgement
certified as a European Enforcement Order in another Member
State.

Article 22

Access to justice during enforcement proceedings

1.
The Member State of enforcement shall make judicial
review available to the debtor if the judgement is irreconcilable
with an earlier judgement given in any Member State or in a
third country provided that:

(a) the methods and procedures of enforcement in the Member

States; and

(b) the competent authorities for enforcement in the Member

States.

This information shall be made available to the public in
2.
particular within the framework of
the European Judicial
Network in civil and commercial matters as established by
Council Decision 2001/470/EC (1).

(a) the earlier judgement involved the same cause of action

and was between the same parties;

CHAPTER V

COURT SETTLEMENTS AND AUTHENTIC INSTRUMENTS

(b) the earlier judgement fulfils the conditions necessary for its

recognition in the Member State of enforcement;

(c) the irreconcilability could not have been raised as an
objection in the court proceedings in the Member State
of origin.

2.
Under no circumstances may the judgement or its certifi-
cation as a European Enforcement Order be reviewed as to
their substance in the Member State of enforcement.

Article 23

Stay or limitation of enforcement

If the debtor has lodged an application for relief under Article
20 or for retrial or for the annulment of the judgement in the
Member State of origin or for judicial review under Article
22(1)
the competent
court or authority in the Member State of enforcement may,
upon application by the debtor:

in the Member State of enforcement,

(a) stay the enforcement proceedings; or

(b) limit the enforcement proceedings to protective measures;

or

Article 25

Court settlements

A settlement

concerning a claim which has been
1.
approved by a court
in the course of proceedings and is
enforceable in the Member State in which it was concluded
shall, upon application by the creditor, be certified as a
European Enforcement Order by the court that has approved it.

The court shall

2.
certificate using the standard form in Annex III.

issue the European Enforcement Order

3.
The provisions of Chapter II, with the exception of
Article 5, and of Chapter IV, with the exception of Article
22(1), shall apply as appropriate.

Article 26

Authentic instrument

1.
An authentic instrument concerning a claim which is
enforceable in one Member State shall, upon application by
the creditor, be certified as a European Enforcement Order
by the
authority which has given authenticity to the
instrument.

The authority which has given authenticity to the
the European Enforcement Order

2.
instrument
certificate using the standard form in Annex IV.

issue

shall

(c) make enforcement conditional on the provision of such

security as it shall determine.

(1) OJ L 174, 27.6.2001, p. 25.

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An authentic instrument can be certified as a European

3.
Enforcement Order only if:

(a) the authority giving authenticity to that document duly
informed the debtor, before he consented to the drawing
up or registration of the document, of its direct enforce-
ability throughout all Member States; and

(b) the fact that such information was provided is attested to

by a clause in the document signed by the debtor.

The provisions of Chapter II, with the exception of
4.
Article 5, and of Chapter IV, with the exception of Article
22(1), shall apply as appropriate.

CHAPTER VI

GENERAL PROVISIONS

Article 27

Determination of domicile

1.
In order to determine whether a debtor is domiciled in
the Member State of origin, the court of origin shall apply its
internal law.

then,

If the debtor is not domiciled in the Member State of
2.
origin,
in order to determine whether the debtor is
domiciled in another Member State, the court of origin shall
apply the law of that Member State.

Article 28

Domicile of a company or other legal person

1.
For the purposes of this Regulation, a company or other
legal person or association of natural or legal persons is
domiciled at the place where it has its:

(a) statutory seat; or

(b) central administration; or

(c) principal place of business.

[2.
For the purposes of Ireland and the United Kingdom,
‘statutory seat’ means the registered office or, where there is
no such office anywhere, the place of incorporation or, where
there is no such place anywhere, the place under the law of
which the formation took place.]

3.
In order to determine whether a trust is domiciled in the
Member State of origin, the court of origin shall apply its rules
of private international law.

CHAPTER VII

TRANSITIONAL PROVISION

Article 29

Transitional provision

1.
This Regulation shall apply only to legal proceedings
instituted and to documents formally drawn up or registered
as authentic instruments after the entry into force thereof.

For the purposes of paragraph 1, legal proceedings shall

2.
be deemed to be instituted:

(a) at the time when the document instituting the proceedings
is lodged with the court,
or an equivalent document
provided that the creditor has not subsequently failed to
take the steps he was required to take to have service
effected on the debtor; or

(b) if the document has to be served before being lodged with
the court, at the time when it is received by the authority
responsible for service, provided that the creditor has not
subsequently failed to take the steps he was required to
take to have the document lodged with the court.

CHAPTER VIII

RELATIONSHIP WITH OTHER INSTRUMENTS

Article 30

Relationship with Regulation (EC) No 44/2001

Nothing shall prevent the creditor from seeking recog-

1.
nition and enforcement of:

(a) a judgement on an uncontested claim, a settlement
approved by a court or an authentic instrument under
Chapters III and IV of Regulation (EC) No 44/2001; or

(b) a judgement under the provisions governing the recog-
nition and enforcement of judgements in specific matters
which are contained in Community instruments or in
such
harmonised
national
instruments in accordance with Article 67 of Regulation
(EC) No 44/2001; or

legislation

pursuant

to

(c) a judgement under conventions to which the Member
States are parties and which in relation to particular
matters, govern the
recognition and enforcement of
judgements in accordance with Article 71 of Regulation
(EC) No 44/2001.

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If the creditor applies for certification of a judgement,
2.
authentic instrument or settlement approved by a court as a
European Enforcement Order, for the purposes of the pertinent
proceedings, this Regulation shall supersede Chapters III, IV
and V of Regulation (EC) No 44/2001 as well as the provisions
on the recognition and enforcement of judgements, authentic
instruments and court settlements in the conventions and
treaty as listed in Article 69 of Regulation (EC) No 44/2001.

Article 31

Relationship with Regulation (EC) No 1348/2000

the

Subject

to paragraph 2,
application

this Regulation shall not
1.
prejudice
(EC)
No 1348/2000 (1) where in the proceedings in the Member
State of origin a judicial document has to be transmitted
from one Member State to another for service there.

of Council Regulation

2.
A judgement given under Article 19(2) of Regulation (EC)
No 1348/2000 cannot be certified as a European Enforcement
Order.

If

a document

instituting the proceedings or

3.
an
equivalent document, a summons to a court hearing or a
judgement has to be transmitted from one Member State to
service under Regulation (EC)
another
service there,
No 1348/2000 shall meet
in
the requirements
Chapter III of this Regulation insofar as necessary to enable
certification as a European Enforcement Order.

set out

for

shall be replaced by the standard form in Annex V to this
Regulation.

CHAPTER IX

FINAL PROVISIONS

Article 32

Implementing rules

The standard forms set out in the Annexes shall be updated or
amended in accordance with the procedure referred to in
Article 33(2).

Article 33

Committee

The Commission shall be assisted by the committee

1.
provided for by Article 75 of Regulation (EC) No 44/2001.

2. Where reference is made to this paragraph, Articles 3 and
7 of Decision 1999/468/EC shall apply.

Article 34

Entry into force

This Regulation shall enter into force on 1 January 2004.

4.
In a situation as covered by paragraph 3, the certificate of
service under Article 10 of Regulation (EC) No 1348/2000

This Regulation is binding in its entirety and directly applicable
in the Member States in accordance with the Treaty estab-
lishing the European Community.

(1) OJ L 160, 30.6.2000, p. 37.

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EUROPEAN ENFORCEMENT ORDER CERTIFICATE — JUDGEMENT

ANNEX I

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EUROPEAN ENFORCEMENT ORDER CERTIFICATE FOR PROTECTIVE MEASURES

ANNEX II

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EUROPEAN ENFORCEMENT ORDER CERTIFICATE — COURT SETTLEMENT

ANNEX III

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EUROPEAN ENFORCEMENT ORDER CERTIFICATE — AUTHENTIC INSTRUMENT

ANNEX IV

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ANNEX V

CERTIFICATE OF SERVICE OR NON-SERVICE OF DOCUMENTS

(Article 10 of Council Regulation (EC) No 1348/2000)

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