Legal tip 481. Again on the European Enforcement Order
Tuesday, March 22, 2011 @ 9:25 AM
Not that easy, not to panick! These are our two most repeated pieces of advise when talking about the European Enforcement Order.
The Spanish Bank who would be looking to use the EEO for the seizure of UK assets ( I have not read of any real one), need of course to follow the procedural rules in Spain first as if not, there will be no debt to be certified by the said order.
If a Bank obtained an EEO without serving legal notice of repossession to the debtor and/or without giving to the debtor the legally required possiblities for contest and defence ( which I see as not likely as Courts are monitoring and issuing these Orders), you, the debtor, in the UK, who would see your UK goods " at risk" will have rights to contest the issuing and the enforcing of the EEO as null and void.
Rights to defence is one of the most important rights of our Constitution and every State of Law and it has of course been fully covered when the EU created the EEO.
Maybe you can take a view on these links:
http://www.eyeonspain.com/blogs/costaluz/4600/legal-tip-404-basics-on-the-european-enforcement-order.aspx
http://www.eyeonspain.com/blogs/costaluz/4967/legal-tip-449-important-points-on-the-european-enforcement-order-not-to-panick.aspx
Have always a good lawyer by your side, these are not complicated matters but have their procedural tricks to pay attention to.
Cheers,
Maria
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Calle Pureza, Plaza Altozano, Sevilla by Von_Boot at Flickr.com