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Civil Procedure and EU LawA Policy Area Uncovered$
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Eva Storskrubb

Print publication date: 2008

Print ISBN-13: 9780199533176

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199533176.001.0001

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Enforcement of Uncontested Claims

Enforcement of Uncontested Claims

Chapter:
(p.153) 9 Enforcement of Uncontested Claims
Source:
Civil Procedure and EU Law
Author(s):

Eva Storskrubb

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199533176.003.0009

This chapter analyses the legislative history, main substantive content, and normative implications of Regulation (EC) No 805/2004 creating a European Enforcement Order for uncontested claims. The ‘EEO Regulation’ is a novel instrument of international procedural cooperation and is a step in implementing the programme of mutual recognition of judgments. Under the Regulation, uncontested judgements that fulfil certain procedural minimum criteria can be certified in the Member State of origin and are thereafter directly enforceable in all other Member States. Hence, the exequatur procedure is abolished. The chapter examines the minimum standards introduced intended to provide the judgment debtor the means to defend himself if he so wishes as well as the limited means of refusal of enforcement and of rectifying the certification. It concludes that the EEO Regulation introduces efficiency but raises concern regarding procedural guarantees of the defendant.

Keywords:   enforcement, European Enforcement Order, EEO, mutual recognition, minimum standards, exequatur, procedural guarantees, judgment debtor

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