Common Position (EC) No 19/2004 of 6 February 2004 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a regulation of the European Parliament and of the Council creating a European enforcement order for uncontested claims
Date: 2004-02-06
Institutions: Council of the European Union
Subjects: civil law, claim, commercial law, judicial cooperation, law of obligations

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COMMON POSITION (EC) No 19/2004

adopted by the Council on 6 February 2004

with a view to adopting Regulation (EC) No . . ./2004 of the European Parliament and of the
Council of . . . creating a European enforcement order for uncontested claims

(2004/C 79 E/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 61(c) and the second
indent of Article 67(5) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the Opinion of the European Economic and
Social Committee (2),

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

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, inter alia, measures in the
judicial cooperation in civil matters that are
field of
the internal
necessary for
market.

functioning of

the proper

(8)

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

security and justice (4)

freedom,

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

the Council

adopted a
(4) On 30 November 2000,
programme of measures
the
for
principle of mutual recognition of decisions in civil and
commercial matters (5). 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.

implementation of

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

(6) The absence of objections from the debtor as stipulated in
Article 3(1)(b) can take the shape of default of appearance
at a court hearing or of failure to comply with an invi-
tation by the court to give written notice of an intention
to defend the case.

(7) This Regulation should apply

court
settlements and authentic instruments on uncontested
claims and to decisions delivered following challenges to
judgments, court settlements and authentic instruments
certified as European Enforcement Orders.

to judgments,

to be

conclusions,

taken prior

sought. A judgment

intermediate measures

In its Tampere
the European Council
considered that access to enforcement in a Member State
other than that in which the judgment has been given
should be accelerated and simplified by dispensing with
any
to
enforcement in the Member State in which enforcement
is
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. In the United Kingdom, for example, the regis-
tration of a certified foreign judgment will therefore follow
the same rules as the registration of a judgment from
another part of the United Kingdom and is not to imply
a review as to the substance of the foreign judgment.
Arrangements for the enforcement of judgments should
continue to be governed by national law.

(5) The concept of

‘uncontested claims’ should cover all
situations in which a creditor, given the verified absence

(1) OJ C 203 E, 27.8.2002, p. 86.
(2) OJ C 85, 8.4.2003, p. 1.
(3) Opinion of the European Parliament of 8 April 2003 (not yet
published in the Official
Journal), Council Common Position of
6 February 2004 and Position of the European Parliament of . . .
(not yet published in the Official Journal).

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

(9) 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 judgments in civil and commercial matters (6), in that
there is no need for approval by the judiciary in a second
this
Member State with the delays and expenses that
entails.

(6) OJ L 12, 16.1.2001, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 1496/2002 (OJ L 225, 22.8.2002,
p. 13).

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(10) Where a court in a Member State has given judgment 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 observance of the rights of the defence.

into account

(11) This Regulation seeks to promote the fundamental rights
and takes
recognised in
particular by the Charter of Fundamental Rights of the
it seeks to ensure full
European Union.
respect
to a fair trial as recognised in
Article 47 of the Charter.

the principles

for the right

In particular,

(17) The courts competent for scrutinising full compliance with
if satisfied,
the minimum procedural standards should,
issue
Enforcement Order
European
certificate that makes that scrutiny and its result trans-
parent.

standardised

a

(18) Mutual

trust

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

(12) Minimum standards

established for

the
should be
proceedings leading to the judgment 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 and the consequences of
his non-participation in sufficient time and in such a way
as to enable him to arrange for his defence.

(19) This Regulation does not

imply an obligation for the
legislation to the
Member States to adapt their national
minimum procedural
It
standards
provides an incentive to that end by making available a
more efficient and rapid enforceability of judgments in
other Member States only if those minimum standards
are met.

set out herein.

and detailed definition of

(13) Due to differences between the Member States as regards
the rules of civil procedure and especially those governing
the service of documents, it is necessary to lay down a
those minimum
specific
standards.
is
fiction as regards the fulfilment of
based on a legal
those minimum standards cannot be considered sufficient
for
the certification of a judgment as a European
Enforcement Order.

In particular, any method of service that

should only be

(14) All the methods of service listed in Articles 13 and 14 are
characterised by either full certainty (Article 13) or a very
high degree of likelihood (Article 14) that the document
served has reached its addressee. In the second category, a
judgment
a European
Enforcement Order if the Member State of origin has an
appropriate mechanism in place enabling the debtor to
apply for a full
the
review of
in Article 19 in those exceptional
conditions set out
cases where, in spite of compliance with Article 14, the
document has not reached the addressee.

the judgment under

certified as

(15) Personal service on certain persons other than the debtor
himself pursuant to Article 14(1)(a) and (b) should be
understood to meet the requirements of those provisions
those persons actually accepted/received the
only if
document in question.

(16) Article 15 should apply to situations where the debtor
cannot represent himself in court, as in the case of a
legal person, and where a person to represent him is
determined by law as well as situations where the debtor
has authorised another person, in particular a lawyer, to
represent him in the specific court proceedings at issue.

(20) Application for certification as a European Enforcement
Order for uncontested claims should be optional for the
creditor, who may instead choose the system of recog-
nition
(EC)
No 44/2001 or other Community instruments.

enforcement

Regulation

under

and

for

together

service there,

(21) When a document has to be sent from one Member State
this Regulation and in
to another
the rules on service set out herein should
particular
apply
(EC)
No 1348/2000 of 29 May 2000 on the service in the
Member States of judicial and extrajudicial documents in
civil or commercial matters (1), and in particular Article 14
thereof in conjunction with Member States' declarations
made under Article 23 thereof.

Regulation

Council

with

(22) 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
In
subsidiarity as set out
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.

(23) 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 (2).

(1) OJ L 160, 30.6.2000, p. 37.
(2) OJ L 184, 17.7.1999, p. 23.

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(24) 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 United Kingdom and
the European Community,
in the
Ireland have notified their wish to take part
adoption and application of this Regulation.

(25) In accordance with Articles 1 and 2 of the Protocol on the
position of Denmark annexed to the Treaty on European
European
Union
Community, Denmark does not
in the
adoption of this Regulation, and is therefore not bound
by it or subject to its application.

the Treaty

establishing

take part

and

the

(26) Pursuant to the second indent of Article 67(5) of the
Treaty,
from
1 February 2003 for the measures laid down in this Regu-
lation,

codecision procedure

is applicable

the

HAVE ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter

for uncontested claims

this Regulation is to create a European
The purpose of
to permit, by
Enforcement Order
the free circulation of
laying down minimum standards,
judgments,
instruments
throughout all Member States without any intermediate
proceedings needing to be brought in the Member State of
enforcement prior to recognition and enforcement.

and authentic

settlements

court

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 or the liability of the State for acts and omissions in
the exercise of State authority (acta iure imperii).

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;

(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

3.
Member States with the exception of Denmark.

Article 3

Enforcement titles to be certified as a European
Enforcement Order

This Regulation shall

court
1.
settlements and authentic instruments on uncontested claims.

to judgments,

apply

A claim shall be regarded as uncontested if:

(a) the debtor has expressly agreed to it by admission or by
means of a settlement which has been approved by a court
or concluded before a court in the course of proceedings;
or

(b) the debtor has never objected to it, in compliance with the
the
relevant procedural requirements under the law of
Member State of origin,
the court
proceedings; or

in the course of

(c)

the debtor has not appeared or been represented at a court
hearing regarding that claim after having initially objected
to the claim in the course of
the court proceedings,
provided that such conduct amounts to a tacit admission
of the claim or of the facts alleged by the creditor under
the law of the Member State of origin; or

(d) the debtor has expressly agreed to it

in an authentic

instrument.

This Regulation shall also apply to decisions delivered
settlements or
court
certified as European Enforcement

to judgments,

instruments

2.
following challenges
authentic
Orders.

Article 4

Definitions

For the purposes of this Regulation, the following definitions
shall apply:

1.

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

2.

‘claim’: a claim for payment of a specific sum of money that
has fallen due or for which the due date is indicated in the
judgment, court settlement or authentic instrument;

3.

‘authentic instrument’:

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

(i) relates to the signature and 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;

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or

(b) an arrangement

relating to maintenance obligations
concluded with administrative authorities or auth-
enticated by them;

‘Member State of origin’: the Member State in which the
judgment has been given, the court settlement has been
approved or concluded or the authentic instrument has
been drawn up or registered, and is to be certified as a
European Enforcement Order;

‘Member State of enforcement’: the Member State in which
enforcement of the judgment, court settlement or authentic
instrument certified as a European Enforcement Order is
sought;

‘court of origin’:
the
proceedings at the time of fulfilment of the conditions set
out in Article 3(1)(a), (b) or (c);

the court or

seised of

tribunal

in Sweden, in summary proceedings concerning orders to
pay (betalningsföreläggande), the expression ‘court’ includes
the Swedish enforcement service (kronofogdemyndighet).

4.

5.

6.

7.

CHAPTER II

EUROPEAN ENFORCEMENT ORDER

Article 5

Abolition of exequatur

a European
A judgment which has been certified as
Enforcement Order in the Member State of origin shall be
recognised and enforced in the other Member States without
the need for a declaration of enforceability and without any
possibility of opposing its recognition.

Article 6

Requirements for certification as a European Enforcement
Order

1.
A judgment on an uncontested claim delivered in a
Member State shall, upon application at any time to the
court of origin, be certified as a European Enforcement
Order if:

(a) the judgment is enforceable in the Member State of origin;

and

(b) the judgment does not conflict with the rules on juris-
diction as laid down in sections 3 and 6 of Chapter II of
Regulation (EC) No 44/2001; and

(c) the court proceedings in the Member State of origin met
the requirements as set out in Chapter III where a claim is
uncontested within the meaning of Article 3(1)(b) or (c);
and

(d) the judgment was given in the Member State of the debtor's
domicile within the meaning of Article 59 of Regulation
(EC) No 44/2001, in cases where

— a claim is uncontested within the meaning of Article

3(1)(b) or (c); and

— it relates to a contract concluded by a person,

the
for a purpose which can be regarded as

consumer,
being outside his trade or profession; and

— the debtor is the consumer.

2. Where a judgment certified as a European Enforcement
Order has ceased to be enforceable or its enforceability has
been suspended or limited, a certificate indicating the lack or
limitation of enforceability shall, upon application at any time
to the court of origin, be issued, using the standard form in
Annex IV.

3. Without prejudice to Article 12(2), where a decision has
been delivered following a challenge to a judgment certified as
a European Enforcement Order in accordance with paragraph
shall, upon
1 of
application at any time, be issued, using the standard form
in Annex V, if that decision on the challenge is enforceable
in the Member State of origin.

this Article, a replacement

certificate

Article 7

Costs related to court proceedings

rates,

interest

Where a judgment includes an enforceable decision on the
including
amount of costs related to the court proceedings,
the
a European
Enforcement Order also with regard to the costs unless the
debtor has specifically objected to his obligation to bear such
costs in the course of the court proceedings,
in accordance
with the law of the Member State of origin.

certified as

shall be

it

Article 8

Partial European Enforcement Order certificate

If only parts of the judgment meet the requirements of this
Regulation, a partial European Enforcement Order certificate
shall be issued for those parts.

Article 9

Issue of the European Enforcement Order certificate

The European Enforcement Order certificate shall be

1.
issued using the standard form in Annex I.

The European Enforcement Order certificate shall be

2.
issued in the language of the judgment.

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Article 10

Article 13

Rectification or withdrawal of the European Enforcement
Order certificate

The European Enforcement Order certificate shall, upon

1.
application to the court of origin, be

Service with proof of receipt by the debtor

The

document

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

the proceedings or

instituting

(a) rectified where, due to a material error,

there is a

discrepancy between the judgment and the certificate;

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

(b) withdrawn where it was clearly wrongly granted, having
regard to the requirements laid down in this Regulation.

The law of the Member State of origin shall apply to the
2.
rectification or withdrawal of the European Enforcement Order
certificate.

(b) personal service attested by a document signed by the
competent person who effected the service stating that
the debtor has
refused to
receive it without any legal
justification, and the date of
the service;

received the document or

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

3.
An application for the rectification or withdrawal of a
European Enforcement Order certificate may be made using
the standard form in Annex VI.

(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.

4.
No appeal shall
Enforcement Order certificate.

lie against the issuing of a European

2.
Any summons to a court hearing may have been served
on the debtor in compliance with paragraph 1 or orally in a
previous court hearing on the same claim and stated in the
minutes of that previous court hearing.

Article 11

Effect of the European Enforcement Order certificate

The European Enforcement Order certificate shall take effect
only within the limits of the enforceability of the judgment.

CHAPTER III

MINIMUM STANDARDS FOR UNCONTESTED CLAIMS
PROCEDURES

Article 12

Scope of application of minimum standards

1.
A judgment on a claim that is uncontested within the
meaning of Article 3(1)(b) or (c) can be certified as a European
Enforcement Order only if
in the
Member State of origin met the procedural requirements as
set out in this Chapter.

the court proceedings

Article 14

Service without proof of receipt by the debtor

1.
Service of the document instituting the proceedings or an
equivalent document and any summons to a court hearing on
the debtor may also have been effected by one of the following
methods:

(a) personal service at the debtor's personal address on persons
who are living in the same household as the debtor or are
employed there;

(b) in the case of a self-employed debtor or a legal person,
the debtor's business premises on

personal service at
persons who are employed by the debtor;

(c) deposit of the document in the debtor's mailbox;

The same requirements shall apply to the issuing of a
2.
European Enforcement Order certificate or a replacement
certificate within the meaning of Article 6(3) for a decision
following a challenge to a judgment where, at the time of
that decision,
the conditions of Article 3(1)(b) or (c) are
fulfilled.

(d) deposit of the document at a post office or with competent
public authorities and the placing in the debtor's mailbox
of written notification of that deposit, provided that the
written notification clearly states the character of
the
document as a court document or the legal effect of the
notification as effecting service and setting in motion the
running of time for the purposes of time limits;

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(e) postal service without proof pursuant

to paragraph 3
where the debtor has his address in the Member State of
origin;

is automatically added to the principal under the law of the
Member State of origin;

(f) electronic means attested by an automatic confirmation of
delivery, provided that the debtor has expressly accepted
this method of service in advance.

For

the purposes of

2.
service under
paragraph 1 is not admissible if the debtor's address is not
known with certainty.

this Regulation,

Service pursuant

3.
attested by:

to paragraph 1,

(a)

to (d), shall be

(a) a document signed by the competent person who effected

the service, indicating:

(i) the method of service used; and

(ii) the date of service; and

(iii) where the document has been served on a person
other than the debtor, the name of that person and
his relation to the debtor,

or

(b) an acknowledgement of receipt by the person served, for

the purposes of paragraphs 1(a) and (b).

Article 15

Service on the debtor's representatives

Service pursuant to Articles 13 or 14 may also have been
effected on a debtor's representative.

Article 16

Provision to the debtor of due information about the
claim

In order to ensure that the debtor was provided with due
information about
instituting the
proceedings or the equivalent document must have contained
the following:

the document

the claim,

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

(b) the amount of the claim;

(c)

if interest on the claim is sought, the interest rate and the
period for which interest is sought unless statutory interest

(d) a statement of the reason for the claim.

Article 17

Provision to the debtor of due information about the
procedural steps necessary to contest the claim

The following must have been clearly stated in or together with
the equivalent
instituting the proceedings,
the document
document or any summons to a court hearing:

(a) the procedural

requirements

for contesting the claim,
for contesting the claim in
including the time limit
writing or the time for the court hearing, as applicable,
the name and the address of the institution to which to
respond or before which to appear, as applicable, and
whether it is mandatory to be represented by a lawyer;

(b) the consequences of an absence of objection or default of
appearance, in particular, where applicable, the possibility
that a judgment may be given or enforced against the
debtor and the liability for costs related to the court
proceedings.

Article 18

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 13 to
17, such non-compliance shall be cured and a judgment may
be certified as a European Enforcement Order if:

(a) the judgment has been served on the debtor in compliance
with the requirements pursuant to Article 13 or Article 14;
and

(b) it was possible for the debtor to challenge the judgment by
means of a full review and the debtor has been duly
the
informed in or together with the judgment about
procedural requirements for such a challenge,
including
the institution with which it
the name and address of
must be lodged and, where applicable, the time limit for
so doing; and

(c)

the debtor has
failed to challenge the judgment
compliance with the relevant procedural requirements.

in

If the proceedings in the Member State of origin did not
2.
comply with the procedural requirements as set out in Article
13 or Article 14, such non-compliance shall be cured if it is
proved by the conduct of the debtor in the court proceedings
that he has personally received the document to be served in
sufficient time to arrange for his defence.

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Article 19

Minimum standards for review in exceptional cases

1.
Further to Articles 13 to 18, a judgment can only be
certified as a European Enforcement Order if the debtor is
entitled, under the law of
to
apply for a review of the judgment where:

the Member State of origin,

(a)

an
(i) the document
equivalent
the
summons to a court hearing, was served by one of
the methods provided for in Article 14; and

instituting the proceedings or
applicable,

or, where

document

(ii) service was not effected in sufficient time to enable him
to arrange for his defence, without any fault on his
part;

or

into another

or, if there are several official languages in that Member
State, the official language or one of the official languages
of court proceedings of the place where enforcement is
sought, in conformity with the law of that Member State,
the Member State of
or
enforcement has indicated it can accept. Each Member
State may indicate the official
language or languages of
the institutions of the European Community 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.

language that

3.
No security, bond or deposit, however described, shall be
required of a party who in one Member State applies for
enforcement
European
Enforcement Order in another 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.

judgment

certified

of

as

a

a

(b) the debtor was prevented from objecting to the claim by
reason of force majeure, or due to extraordinary circum-
stances without any fault on his part,

Article 21

Refusal of enforcement

provided in either case that he acts promptly.

This Article is without prejudice to the possibility for
2.
Member States to grant access to a review of the judgment
under more generous conditions than those mentioned in
paragraph 1.

CHAPTER IV

ENFORCEMENT

Article 20

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.

Enforcement shall, upon application by the debtor, be
1.
in the Member State of
refused by the competent court
enforcement
European
a
certified
Enforcement Order is irreconcilable with an earlier judgment
given in any Member State or in a third country, provided that:

judgment

the

as

if

(a) the earlier judgment involved the same cause of action and

was between the same parties; and

(b) the earlier judgment was given in the Member State of
fulfils the conditions necessary for its

enforcement or
recognition in the Member State of enforcement; and

(c)

the irreconcilability was not and could not have been raised
as an objection in the court proceedings in the Member
State of origin.

A judgment certified as a European Enforcement Order shall be
enforced under the same conditions as a judgment handed
down in the Member State of enforcement.

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

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

(a) a copy of

the judgment 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

(c) where

necessary,

European
transcription
Enforcement Order certificate or a translation thereof into
the official language of the Member State of enforcement

the

of

a

Article 22

Agreements with third countries

to Article 59 of

This Regulation shall not affect agreements by which Member
States undertook, prior to the entry into force of Regulation
(EC) No 44/2001, pursuant
the Brussels
Convention on jurisdiction and the enforcement of judgments
in civil and commercial matters, not to recognise judgments
in particular
to that
given,
domiciled or habitually
Convention,
against
resident in a third country where,
in cases provided for in
Article 4 of that Convention, the judgment could only be
founded on a ground of jurisdiction specified in the second
paragraph of Article 3 of that Convention.

in other Contracting States
defendants

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Article 23

Stay or limitation of enforcement

Where the debtor has

An authentic instrument which has been certified as a
2.
European Enforcement Order in the Member State of origin
shall be enforced in the other Member States without the need
for a declaration of enforceability and without any possibility
of opposing its enforceability.

— challenged a judgment certified as a European Enforcement
review within the

including an application for

Order,
meaning of Article 19, or

— applied for the rectification or withdrawal of a European
Enforcement Order certificate in accordance with Article
10,

the competent court or authority in the Member State of
enforcement may, upon application by the debtor:

(a)

limit the enforcement proceedings to protective measures;
or

(b) make enforcement conditional on the provision of such

security as it shall determine; or

(c) under exceptional circumstances,

stay the enforcement

proceedings.

The provisions of Chapter II, with the exception of
3.
Articles 5, 6(1) and 9(1), and of Chapter
IV, with the
exception of Articles 21(1) and 22, shall apply as appropriate.

CHAPTER VI

TRANSITIONAL PROVISION

Article 26

Transitional provision

This Regulation shall apply only to judgments given, to court
settlements approved or concluded and to documents formally
drawn up or registered as authentic instruments after the entry
into force of this Regulation.

CHAPTER V

RELATIONSHIP WITH OTHER COMMUNITY INSTRUMENTS

CHAPTER VII

COURT SETTLEMENTS AND AUTHENTIC INSTRUMENTS

Article 27

Article 24

Court settlements

A settlement concerning a claim within the meaning of
1.
Article 4(2) which has been approved by a court or concluded
before a court in the course of proceedings and is enforceable
in the Member State in which it was approved or concluded
shall, upon application to the court that approved it or before
which it was
a European
Enforcement Order using the standard form in Annex II.

concluded, be

certified as

2.
A settlement which has been certified as a European
Enforcement Order in the Member State of origin shall be
enforced in the other Member States without the need for a
declaration of enforceability and without any possibility of
opposing its enforceability.

The provisions of Chapter II, with the exception of
3.
Articles 5, 6(1) and 9(1), and of Chapter
IV, with the
exception of Articles 21(1) and 22, shall apply as appropriate.

Article 25

Authentic instruments

1.
An authentic instrument concerning a claim within the
meaning of Article 4(2) which is enforceable in one Member
State shall, upon application to the authority designated by the
Member State of origin, be certified as a European Enforcement
Order, using the standard form in Annex III.

Relationship with Regulation (EC) No 44/2001

This Regulation shall not affect the possibility of seeking recog-
in accordance with Regulation (EC)
nition and enforcement,
No 44/2001, of a judgment, a court
settlement or an
authentic instrument on an uncontested claim.

Article 28

Relationship with Regulation (EC) No 1348/2000

This Regulation shall not affect the application of Regulation
(EC) No 1348/2000.

CHAPTER VIII

GENERAL AND FINAL PROVISIONS

Article 29

Information on enforcement procedures and authorities

The Member States shall cooperate to provide the general
public and professional circles with information on:

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

States; and

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(b) the competent authorities for enforcement in the Member

Article 31

States,

Amendments to the Annexes

in particular via the European Judicial Network in civil and
commercial matters established in accordance with Decision
2001/470/EC (1).

Any amendment to the standard forms in the Annexes shall be
adopted in accordance with the advisory procedure referred to
in Article 32(2).

Article 30

Information relating to redress procedures, languages and
authorities

1.

The Member States shall notify the Commission of:

(a) the procedures for rectification and withdrawal referred to
in Article 10(2) and for review referred to in Article 19(1);

Article 32

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, having regard to the
provisions of Article 8 thereof.

(b) the languages accepted pursuant to Article 20(2)(c);

3.

The Committee shall adopt its Rules of Procedure.

(c) the lists of the authorities referred to in Article 25;

and any subsequent changes thereof.

Article 33

Entry into force

2.
The Commission shall make the information notified in
accordance with paragraph 1 publicly available through publi-
cation in the Official Journal of the European Union and through
any other appropriate means.

This Regulation shall enter into force on . . ..

It shall apply from . . . (*), with the exception of Articles 30, 31
and 32, which shall apply from . . . (**).

This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaty establishing the European Community.

Done at . . .

For the European Parliament

The President

For the Council

The President

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

(*) 18 months after the adoption of this Regulation.
(**) Date of entry into force.

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ANNEX I

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ANNEX II

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ANNEX III

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ANNEX IV

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ANNEX V

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ANNEX VI

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

Under the codecision procedure (Article 251 of the EC Treaty) the Council reached a general approach
on 27 November 2003, which led to the adoption on 6 February 2004, by the written procedure, of a
common position on the draft Regulation creating a European enforcement order for uncontested
claims. The Council took its decision by qualified majority: the Netherlands delegation voted against.

When adopting its position, the Council took into account the opinion of the Economic and Social
Committee of 11 December 2002 and the opinion issued by the European Parliament at first reading
on 8 April 2003.

The purpose of the draft Regulation is to help abolish the preconditions for the recognition and
enforcement in another Member State of any enforceable judgment given concerning a debt, the
nature and amount of which have not been contested by the debtor; it removes the obstacles to the
recognition of the judgment in another Member State, and abolishes the existing enforcement super-
visory measures commonly known as the ‘exequatur procedure’. The Regulation also applies to court
settlements and authentic instruments relating to a claim deemed uncontested.

The Regulation is thus a practical application of the principle of mutual recognition which is necessary
for the free movement of judgments.

II. ANALYSIS OF THE COMMON POSITION

1. General

The Council's common position remains largely faithful to the Commission's original proposal as
modified by the amended proposal sent to the Council on 18 June 2003.

The principal changes made to the text are as follows:

1. In the original proposal for a Regulation, only judgments which had obtained the force of res
judicata in the Member State of origin could be certified as European enforcement orders. In the
common position adopted by the Council, this condition has been removed: it is necessary and
sufficient for the purposes of certification for the judgment to be enforceable in the Member
State of origin. At the same time, to guarantee the coherence and efficiency of the system, where
the certified judgment is then the subject of an appeal, the appeal
judgment itself may be
certified, even where the appeal was lodged by the debtor.

This amendment means that the claimant cannot be deprived of the benefit the enforcement
order gives him simply by the debtor lodging an appeal.

2. The common position maintains the principle that the issue of an enforcement order certificate is
not subject to appeal. It provides, however, that a request may be lodged for a certificate to be
rectified in the event of a material error, or withdrawn where it has manifestly been issued
wrongly.

3. The consumer is now granted special protection: a judgment relating to an uncontested claim
against a debtor who is a consumer can only be certified as a European enforcement order if it
has been issued in the Member State in which the debtor is resident.

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4. With regard to the minimum standards required for procedures relating to uncontested claims,
the original proposal established a hierarchy of methods of service of the document instituting
the proceedings. The text of the common position dispenses with that hierarchy but distinguishes
between methods of service depending on whether proof has, or has not, been supplied that the
document has been served on the debtor. In addition, simple service by post is now permitted,
subject to certain conditions.

The common position lays down, however, that methods of service not accompanied by proof
that the debtor has received the document are only admissible for the purposes of certifying the
judgment if, in accordance with the national law of the State of origin, the debtor has a right to
apply for a review of the judgment where he has not received the document instituting the
proceedings in time to prepare his defence.

Other amendments, of a more formal nature, have been made to make the text easier to read.

2. Parliament's amendments

The Council has tried to incorporate Parliament's amendments as far as possible.

The substance of Amendment 1 has been taken into account (see recital 26).

Amendment 2 has been taken into account in part; the Council considered that the second part of
the text proposed by the Parliament in that amendment was not necessary (Article 3).

Amendment 3 was not incorporated by the Commission in its amended proposal and has not been
incorporated by the Council in its common position.

Amendment 4 has become redundant as the common position no longer makes it a condition of
certification that the judgment should be final.

The spirit of Amendment 5 was incorporated into the text of the amended proposal and accepted
by the Council in its common position (Article 5).

Amendments 6, 7, 8 and 16, concerning the admissibility of an appeal against the issue or the
refusal to issue a certificate, have not been accepted as such but their general structure has been.
Article 10 of the common position lays down that there is no appeal against the issue of a
certificate, but it authorises proceedings for rectification or withdrawal.

Amendment 9 has been incorporated (Article 13(1)(b)).

Amendment 10 has not been accepted because it was considered to be unnecessary.

Amendment 11 is redundant as the common position no longer establishes a hierarchy of methods
of service of the document instituting the proceedings.

Amendments 12 and 13 have not been accepted.

The substance of Amendment 14 has been accepted (Article 16(d)).

Amendment 15, the aim of which is to delete Article 19(2) of the original proposal, has not been
accepted but Article 18(2) now provides enhanced protection for a defendant in the circumstances
envisaged by the provision.

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III. CONCLUSION

The Council considers that the text of the common position on the creation of an enforcement order
for uncontested claims achieves the balance desired between protection of the rights of the debtor on
the one hand, and, on the other, the establishment of an efficient certification system so as to permit
the free movement of judgments by removing obstacles to recognition and enforcement in the Member
State of enforcement.