Legal tip 449. Important points on the European Enforcement Order: not to panick!
Wednesday, February 9, 2011 @ 8:36 PM
See full information about the European Eforcement for UNCONTESTED claims here
Important aspects to remark:
1) It is not for all claims but just for those uncontested. The contested ones will have to follow the traditional procedures for execution of Court decissions abroad.
2) The European Regulation lays down minimum standards with regard to the service of documents (the document instituting proceedings and, where applicable, the summons to a court hearing) to ensure that the rights of the defence are respected.
3) The competent court in the enforcing Member State may, subject to certain conditions, refuse to enforce a judgment if it is irreconcilable with an earlier judgment given in any Member State or in a third country. In certain cases, it can also stay or limit enforcement.
Tarifa Harbour ( Africa mountains visible) by Kirsty Meddings at Flickr.com