Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims
Date: 2004-04-21
Institutions: Council of the European Union, European Parliament
Subjects: claim, commercial law, judicial cooperation

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REGULATION (EC) No 805/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 21 April 2004

creating a European Enforcement Order for uncontested claims

EUROPEAN

THE
COUNCIL OF THE EUROPEAN UNION,

PARLIAMENT AND THE

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)

(2)

(3)

(4)

itself

The Community has
the objective of
set
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 field of judicial cooperation in civil
matters that are necessary for the proper functioning of
the internal market.

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

freedom, security and justice (4)

The European Council meeting in Tampere on 15 and
16 October 1999 endorsed the principle of mutual
recognition of judicial decisions as the cornerstone for
the creation of a genuine judicial area.

the Council

implementation of

adopted a
On 30 November 2000,
programme of measures for
the
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
for
creation of
uncontested claims.

European Enforcement Order

a

(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 (OJ C 64 E,
12.3.2004, p. 79), Council Common Position of 6.2.2004 (not yet
published in the Official
Journal) and Position of the European
Parliament of 30.3.2004 (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.

(5)

(6)

(7)

(8)

(9)

The concept of
‘uncontested claims' should cover all
situations in which a creditor, given the verified absence
of any dispute by the debtor as to the nature or extent
of a pecuniary claim, has obtained either a court
decision against that debtor or an enforceable document
that requires the debtor's express consent, be it a court
settlement or an authentic instrument.

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 invitation by the court to give written notice of
an intention to defend the case.

This Regulation should apply to judgments, 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.

the European Council
In its Tampere conclusions,
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 intermediate measures to be taken prior to
enforcement in the Member State in which enforcement
is sought. A judgment
that has been certified as a
European Enforcement Order by the court of origin
should, for enforcement purposes, be treated as if it had
in which
been delivered
in the Member
enforcement
for
example, the registration 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.

In the United Kingdom,

is sought.

State

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
and
and
in civil and commercial
enforcement of
matters (6), in that there is no need for approval by the

recognition

jurisdiction

judgments

the

on

(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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judiciary in a second Member State with the delays and
expenses that this entails.

(16)

(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
is
inextricably linked to and dependent upon the existence
of a sufficient guarantee of observance of the rights of
the defence.

in the Member

enforcement

State of

(17)

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
in particular a
debtor has authorised another person,
court
specific
to represent him in the
lawyer,
proceedings at issue.

The courts competent for scrutinising full compliance
with the minimum procedural
if
satisfied,
issue a standardised European Enforcement
Order certificate that makes that scrutiny and its result
transparent.

standards

should,

(11)

This Regulation seeks
to promote the fundamental
rights and takes into account 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.

(12) Minimum standards

should be established for

the debtor is informed about
requirements

the
proceedings leading to the judgment in order to ensure
the court action
that
against
active
for
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.

him,

the

his

(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 specific and detailed definition of
those
minimum standards.
In particular, any method of
service that is based on a legal fiction as regards the
fulfilment of
those minimum standards cannot be
considered sufficient for the certification of a judgment
as a European Enforcement Order.

reached its addressee.

likelihood (Article 14)

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

that

(15)

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

those

only

if

(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.

(19)

This Regulation does not imply an obligation for the
Member States to adapt their national legislation to the
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.

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

the

(21) When a document has to be sent from one Member
State to another for service there, this Regulation and in
particular the rules on service set out herein should
apply together with Council Regulation (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
States
declarations made under Article 23 thereof.

in conjunction with Member

(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

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

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may adopt measures, in accordance with the principle
of subsidiarity as set out in Article 5 of the Treaty. 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.

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).

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

Article 2

Scope

This Regulation shall apply in civil and commercial
1.
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,

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
the
European Community, Denmark does not take part in
the adoption of this Regulation, and is therefore not
bound by it or subject to its application.

establishing

(c) social security;

(d) arbitration.

(23)

(24)

(25)

(26)

Pursuant to the second indent of Article 67(5) of the
Treaty, the codecision procedure is applicable from 1
the measures laid down in this
February 2003 for
Regulation,

HAVE ADOPTED THIS REGULATION:

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

1.
settlements and authentic instruments on uncontested claims.

to judgments,

apply

court

CHAPTER I

A claim shall be regarded as uncontested if:

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter

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

(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

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

instrument.

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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

CHAPTER II

EUROPEAN ENFORCEMENT ORDER

Article 5

Abolition of exequatur

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;

A judgment 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
the need for a declaration of enforceability and without any
possibility of opposing its recognition.

Article 6

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;

Requirements for certification as a European Enforcement
Order

3.

‘authentic instrument':

(a) a document which has been formally drawn up or
and the

an authentic

instrument,

as

registered
authenticity of which:

(i)

relates to the signature and the content of
instrument; and

the

(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
or

administrative

authorities

with

concluded
authenticated by them;

4.

5.

6.

7.

‘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);

tribunal seised of

the court or

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

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

rules on
jurisdiction as laid down in sections 3 and 6 of Chapter II
of Regulation (EC) No 44/2001; and

conflict with the

(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.

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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
1 of
shall, upon
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

Where a judgment includes an enforceable decision on the
amount of costs related to the court proceedings, including the
interest rates, it shall be certified as 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.

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

No appeal shall
4.
Enforcement Order certificate.

lie against the issuing of a European

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.

Article 8

CHAPTER III

Partial European Enforcement Order certificate

MINIMUM STANDARDS FOR UNCONTESTED CLAIMS
PROCEDURES

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 12

Article 9

Scope of application of minimum standards

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.

Article 10

Rectification or withdrawal of the European Enforcement
Order certificate

The European Enforcement Order certificate shall, upon

1.
application to the court of origin, be

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

there is a

discrepancy between the judgment and the certificate;

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

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

A judgment on a claim that is uncontested within the
1.
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

2.
The same requirements shall apply to the issuing of a
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.

Article 13

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) personal

service

attested by an acknowledgement of
receipt, including the date of receipt, which is signed by
the debtor;

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

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

(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.
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.

For

the purposes of

service under
2.
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,

Article 14

or

Service without proof of receipt by the debtor

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

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

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;

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.

(b)

in the case of a self-employed debtor or a legal person,
personal service at
the debtor's business premises on
persons who are employed by the debtor;

Article 16

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

(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,
the written notification clearly states the
provided that
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;

(e) postal service without proof pursuant

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

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
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.

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

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Article 17

Article 19

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 document instituting the proceedings, the equivalent
document or any summons to a court hearing:

(a)

requirements

the procedural
for contesting the claim,
including the time limit for contesting the claim in 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

Minimum standards for review in exceptional cases

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

(a)

(i)

an
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

(b) the debtor was prevented from objecting to the claim by
to extraordinary

force majeure, or due

reason of
circumstances without any fault on his part,

provided in either case that he acts promptly.

2.
This Article is without prejudice to the possibility for
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

(b)

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

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

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.

(c)

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

in

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

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.

(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

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(c) where

a

the

necessary,

transcription of

European
Enforcement Order certificate or a translation thereof into
the official language of the Member State of enforcement
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,
or
the Member State of
enforcement has indicated it can accept. Each Member
State may indicate the official language or languages of the
the European Community other than its
institutions of
own which it can accept
the
certificate. The translation shall be certified by a person
qualified to do so in one of the Member States.

the completion of

language that

into another

for

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

Article 21

Refusal of enforcement

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

judgment

the

if

Convention, against defendants domiciled or habitually 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.

Article 23

Stay or limitation of enforcement

Where the debtor has

— 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

(a)

the earlier judgment involved the same cause of action and
was between the same parties; and

(c) under exceptional circumstances,

stay the enforcement

proceedings.

(b) the earlier judgment was given in the Member State of
its

enforcement or
recognition in the Member State of enforcement; and

fulfils the conditions necessary for

(c)

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

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

Article 22

Agreements with third countries

CHAPTER V

COURT SETTLEMENTS AND AUTHENTIC INSTRUMENTS

Article 24

Court settlements

1.
A settlement concerning a claim within the meaning of
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

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
to that
given,

in other Contracting States

to Article 59 of

in particular

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.

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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 28

Relationship with Regulation (EC) No 1348/2000

Article 25

Authentic instruments

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

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
European
Member
Enforcement Order, using the standard form in Annex III.

State of origin, be

certified as

a

CHAPTER VIII

GENERAL AND FINAL PROVISIONS

Article 29

2.
An authentic instrument 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.

Information on enforcement procedures and authorities

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

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

(a)

the methods and procedures of enforcement
Member States; and

in the

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 VII

RELATIONSHIP WITH OTHER COMMUNITY INSTRUMENTS

(b) the competent authorities for enforcement in the Member

States,

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

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);

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

(c)

the lists of the authorities referred to in Article 25;

Article 27

and any subsequent changes thereof.

Relationship with Regulation (EC) No 44/2001

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

The Commission shall make the information notified in
through
the European Union and

2.
accordance with paragraph 1 publicly available
publication in the Official
Journal of
through any other appropriate means.

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

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Article 31

Amendments to the Annexes

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.

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 32

Committee

The Commission shall be assisted by the committee

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

3.

The Committee shall adopt its Rules of Procedure.

Article 33

Entry into force

This Regulation shall enter into force on 21 January 2004.

It shall apply from 21 October 2005, with the exception of
Articles 30, 31 and 32, which shall apply from 21 January
2005.

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 Strasbourg, 21 April 2004.

For the European Parliament

The President

P. COX

For the Council

The President

D. ROCHE

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ANNEX I

EUROPEAN ENFORCEMENT ORDER CERTIFICATE — JUDGMENT

1.

Member State of origin: AT n BE n DE n EL n ES n FI n FR n

IE n IT n LU n NL n PT n SE n UK n

2.

2.1.

2.2.

2.3.

3.

3.1.

3.2.

3.3.

4.

4.1.

4.2.

4.3.

Court/Tribunal issuing the certificate

Name:

Address:

Tel./fax/e-mail:

If different, Court/Tribunal giving the judgment

Name:

Address:

Tel./fax/e-mail:

Judgment

Date:

Reference number:

The parties

4.3.1.

Name and address of creditor(s):

4.3.2.

Name and address of debtor(s):

5.

Monetary claim as certified

5.1.

Principal Amount :

5.1.1.

Currency

Euro
Swedish Kronor

Pounds Sterling

other (explain)

5.1.2.

If the claim is for periodical payments

5.1.2.1.

Amount of each instalment:

5.1.2.2.

Due date of first instalment:

5.1.2.3.

Due dates of following instalments

weekly n monthly n other (explain) n

n
n
n
n

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5.1.2.4.

Period of the claim

5.1.2.4.1. Currently indefinite n or

5.1.2.4.2. Due date of last instalment:

5.2.

Interest

5.2.1.

Interest rate

5.2.1.1. … % or

5.2.1.2. … % above the base rate of the ECB (1)

5.2.1.3.

Other (explain)

5.2.2.

Interest to be collected as from:

5.3.

Amount of reimbursable costs if specified in the judgment:

6.

7.

8.

9.

Judgment is enforceable in the Member State of origin n

Judgment is still subject to the possibility of a challenge

Yes

n

No

n

Judgment is on an uncontested claim under Article 3(1) n

Judgment is in compliance with Article 6(1) (b) n

10.

The judgment concerns matters relating to consumer contracts

Yes

n

No

n

10.1.

If yes:

The debtor is the consumer

Yes

n

No

n

10.2.

If yes:

The debtor is domiciled in the Member State of origin (within the meaning of Article 59 of Regulation (EC)
44/2001) n

11.

Service of the document instituting the proceedings under Chapter III, where applicable

Yes

n

No

n

11.1.

Service was effected in compliance with Article 13 n

or service was effected in compliance with Article 14 n

or it is proved in accordance with Article 18(2) that the debtor has received the document n

(1) Interest rate applied by the European Central Bank to its main refinancing operations.

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11.2.

Due information

The debtor was informed in compliance with Articles 16 and 17 n

12.

Service of summons, where applicable

Yes

n

No

n

12.1.

Service was effected in compliance with Article 13 n

or service was effected in compliance with Article 14 n

or it is proved in accordance with Article 18(2) that the debtor has received the summons n

12.2.

Due information

The debtor was informed in compliance with Article 17 n

13.

Cure of non-compliance with procedural minimum standards pursuant to Article 18(1)

13.1.

Service of the judgment was effected in compliance with Article 13 n

or service of the judgment was effected in compliance with Article 14 n

or it is proved in accordance with Article 18(2) that the debtor has received the judgment n

13.2.

Due information

The debtor was informed in compliance with Article 18(1)(b) n

13.3.

It was possible for the debtor to challenge the judgment

Yes

n

No

n

13.4.

The debtor failed to challenge the judgment in compliance with the relevant procedural requirements

Yes

n

No

n

Done at . . . . . . . . . . date . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature and/or stamp

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Official Journal of the European Union

30.4.2004

ANNEX II

EUROPEAN ENFORCEMENT ORDER CERTIFICATE — COURT SETTLEMENT

1.

Member State of origin: AT n BE n DE n EL n ES n FI n FR n

IE n IT n LU n NL n PT n SE n UK n

2.

2.1.

2.2.

2.3.

3.

3.1.

3.2.

3.3.

4.

4.1.

4.2.

4.3.

Court issuing the certificate

Name:

Address:

Tel./fax/e-mail:

If different, Court approving the settlement or before which it was concluded

Name:

Address:

Tel./fax/e-mail:

Court settlement

Date:

Reference number:

The parties

4.3.1.

Name and address of creditor(s):

4.3.2.

Name and address of debtor(s):

5.

Monetary claim as certified

5.1.

Principal Amount:

5.1.1.

Currency

Euro
Swedish Kronor

Pounds Sterling

other (explain)

5.1.2.

If the claim is for periodical payments

5.1.2.1.

Amount of each instalment:

5.1.2.2.

Due date of first instalment:

5.1.2.3.

Due dates of following instalments

weekly n monthly n other (explain) n

n
n
n
n

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5.1.2.4.

Period of the claim

5.1.2.4.1. Currently indefinite n or

5.1.2.4.2. Due date of last instalment:

5.2.

Interest

5.2.1.

Interest rate

5.2.1.1. … % or

5.2.1.2. … % above the base rate of the ECB (1)

5.2.1.3.

Other (explain)

5.2.2.

Interest to be collected as from:

5.3.

Amount of reimbursable costs if specified in the court settlement:

6.

The court settlement is enforceable in the Member State of origin n

Done at . . . . . . . . . . date . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature and/or stamp

(1) Interest rate applied by the European Central Bank to its main refinancing operations.

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Official Journal of the European Union

30.4.2004

ANNEX III

EUROPEAN ENFORCEMENT ORDER CERTIFICATE — AUTHENTIC INSTRUMENT

1.

Member State of origin: AT n BE n DE n EL n ES n FI n FR n

IE n IT n LU n NL n PT n SE n UK n

2.

2.1.

2.2.

2.3.

3.

3.1.

3.2.

3.3.

4.

4.1.

4.2.

4.3.

Court/Authority issuing the certificate

Name:

Address:

Tel./fax/e-mail:

If different, Court/Authority drawing up or registering the authentic instrument

Name:

Address:

Tel./fax/e-mail:

Authentic instrument

Date:

Reference number:

The parties

4.3.1.

Name and address of creditor(s):

4.3.2.

Name and address of debtor(s):

5.

Monetary claim as certified

5.1.

Principal Amount:

5.1.1.

Currency

Euro
Swedish Kronor

Pounds Sterling

other (explain)

5.1.2.

If the claim is for periodical payments

5.1.2.1.

Amount of each instalment:

5.1.2.2.

Due date of first instalment:

5.1.2.3.

Due dates of following instalments

weekly n monthly n other (explain) n

n
n
n
n

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5.1.2.4.

Period of the claim

5.1.2.4.1. Currently indefinite n or

5.1.2.4.2. Due date of last instalment

5.2.

Interest

5.2.1.

Interest rate

5.2.1.1. … % or

5.2.1.2. … % above the base rate of the ECB (1)

5.2.1.3.

Other (explain)

5.2.2.

Interest to be collected as from:

5.3.

Amount of reimbursable costs if specified in the authentic instrument:

6.

The authentic instrument is enforceable in the Member State of origin n

Done at . . . . . . . . . . date . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature and/or stamp

(1) Interest rate applied by the European Central Bank to its main refinancing operations.

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30.4.2004

ANNEX IV

CERTIFICATE OF LACK OR LIMITATION OF ENFORCEABILITY
(Article 6(2))

1.

Member State of origin: AT n BE n DE n EL n ES n FI n FR n

IE n IT n LU n NL n PT n SE n UK n

2.

Court/Authority issuing the certificate

2.1.

Name:

2.2.

Address:

2.3.

Tel./fax/e-mail:

3.

If different, Court/Authority issuing the judgment/Court settlement/Authentic Instrument (*)

3.1.

Name:

3.2.

Address:

3.3.

Tel./fax/e-mail:

4.

Judgment/Court settlement/Authentic Instrument (*)

4.1.

Date:

4.2.

Reference number:

4.3.

The parties

4.3.1.

Name and address of creditor(s):

4.3.2.

Name and address of debtor(s):

5.

This judgment/court settlement/authentic instrument (*) was certified as a European Enforcement Order but

5.1.

the judgment/court settlement/authentic instrument (*)is no longer enforceable n

5.2.

Enforcement is temporarily

5.2.1.

stayed n

5.2.2.

limited to protective measures n

(*) Delete as appropriate.

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5.2.3.

conditional upon the provision of a security which is still outstanding n

5.2.3.1.

Amount of the security:

5.2.3.2.

Currency

Euro
Swedish Kronor

Pounds Sterling

other(explain)

5.2.4.

Other (explain) n

Done at . . . . . . . . . . date . . . . . . . . . .

n
n
n
n

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature and/or stamp

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30.4.2004

EUROPEAN ENFORCEMENT ORDER REPLACEMENT CERTIFICATE FOLLOWING A CHALLENGE
(Article 6(3))

ANNEX V

A.

1.

2.

2.1.

2.2.

2.3.

3.

3.1.

3.2.

3.3.

4.

4.1.

4.2.

4.3.

The following judgment/court settlement/authentic instrument (*) certified as a European Enforcement Order
was challenged

Member State of origin: AT n BE n DE n EL n ES n FI n FR n

IE n IT n LU n NL n PT n SE n UK n

Court/Authority issuing the certificate

Name:

Address:

Tel./fax/e-mail:

If different, Court/Authority issuing the judgment/Court settlement/Authentic Instrument (*)

Name:

Address:

Tel./fax/e-mail:

Judgment/Court settlement/Authentic Instrument (*)

Date:

Reference number:

The parties

4.3.1.

Name and address of creditor(s):

4.3.2.

Name and address of debtor(s):

B.

1.

1.1.

1.2.

1.3.

Upon that challenge the following decision has been handed down and is hereby certified as a European
Enforcement Order replacing the original European Enforcement Order.

Court

Name:

Address:

Tel./fax/e-mail:

(*) Delete as appropriate.

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n
n
n
n

2.

2.1.

2.2.

Decision

Date:

Reference number:

3.

Monetary claim as certified

3.1.

Principal Amount

3.1.1.

Currency

Euro
Swedish Kronor

Pounds Sterling

Other (explain)

3.1.2.

If the claim is for periodic payments

3.1.2.1.

Amount of each instalment:

3.1.2.2.

Due date of first instalment:

3.1.2.3.

Due dates of following instalments

weekly n monthly n other (explain) n

3.1.2.4.

Period of the claim

3.1.2.4.1. Currently indefinite n or

3.1.2.4.2. Due date of last instalment:

3.2.

Interest

3.2.1.

Interest rate

3.2.1.1. … % or

3.2.1.2. … % above the base rate of the ECB (1)

3.2.1.3.

Other (explain)

3.2.2.

Interest to be collected as from:

3.3.

Amount of reimbursable costs if specified in the decision:

4.

5.

6.

Decision is enforceable in the Member State of origin n

Decision is still subject to the possibility of a further appeal

Yes n

No n

Decision is in compliance with Article 6(1)(b) n

(1) Interest rate applied by the European Central Bank to its main refinancing operations.

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7.

The decision concerns matters relating to consumer contracts

Yes n

No n

7.1.

If yes:

The debtor is the consumer

Yes n

No n

7.2.

If yes:

The debtor is domiciled in the Member State of origin in the meaning of Article 59 of Regulation (EC) No
44/2001 n

8.

At the time of the decision following the challenge, the claim is uncontested within the meaning of Article
3(1)(b) or (c)

Yes n

No n

If yes:

8.1.

Service of the document instituting the challenge.

Did the creditor lodge the challenge?

Yes n

No n

If yes:

8.1.1.

Service was effected in compliance with Article 13 n

or service was effected in compliance with Article 14 n

or it is proved in accordance with Article 18(2) that the debtor has received the document n

8.1.2.

Due information

The debtor was informed in compliance with Articles 16 and 17 n

8.2.

Service of summons, where applicable

Yes n

No n

If yes:

8.2.1.

Service was effected in compliance with Article 13 n

or service was effected in compliance with Article n

or it is proved in accordance with Article 18(2) that the debtor has received the summons n

8.2.2.

Due information

The debtor was informed in compliance with Article 17 n

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8.3.

Cure of non-compliance with procedural minimum standards pursuant to Article 18(1)

8.3.1.

Service of the decision was effected in compliance with Article 13 n

or Service of the decision was effected in compliance with Article 14 n

or it is proved in accordance with Article 18(2) that the debtor has received the decision n

8.3.2.

Due information

The debtor was informed in compliance with Article 18(1)(b) n

Done at . . . . . . . . . . date . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature and/or stamp

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Official Journal of the European Union

30.4.2004

APPLICATION FOR RECTIFICATION OR WITHDRAWAL OF THE EUROPEAN ENFORCEMENT ORDER
CERTIFICATE (Article 10(3))

ANNEX VI

THE FOLLOWING EUROPEAN ENFORCEMENT ORDER CERTIFICATE

1.

Member State of origin: AT n BE n DE n EL n ES n FI n FR n

IE n IT n LU n NL n PT n SE n UK n

2.

Court/Authority issuing the certificate

2.1.

Name:

2.2.

Address:

2.3.

Tel./fax/e-mail:

3.

If different, Court/Authority issuing the judgment/Court settlement/Authentic Instrument (*)

3.1.

Name:

3.2.

Address:

3.3.

Tel./fax/e-mail:

4.

Judgment/Court settlement/Authentic Instrument

4.1.

Date:

4.2.

Reference number:

4.3.

The parties

4.3.1.

Name and address of creditor(s):

4.3.2.

Name and address of debtor(s):

HAS TO BE

5.

RECTIFIED as due to a material error there is the following discrepancy between the European Enforcement
Order certificate and the underlying judgment/court settlement/authentic instrument (explain) n

(*) Delete as appropriate.

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6.

WITHDRAWN because:

6.1.

6.2.

the certified judgment was related to a consumer contract but was given in a Member State where the
consumer is not domiciled within the meaning of Article 59 of Regulation (EC) No 44/2001 n
the European Enforcement Order certificate was clearly wrongly granted for another reason (explain) n

Done at . . . . . . . . . . date . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature and/or stamp