Abolishing Exequatur in the EU: The European Enforcement Order

Marek Zilinsky has written an article on “Abolishing Exequatur in the European Union: The European Enforcement Order” in the new issue of the Netherlands International Law Review (Volume 53, Issue 03, December 2006, pp 471-492). The abstract states:

On 21 October 2005 the EC Regulation on European Enforcement Order for uncontested claims became applicable. According to this Regulation a judgment of a court of a Member State can be certified as a European Enforcement Order in the Member State of origin. A certified judgment is to be enforced in another Member State without any need of an intermediate procedure for recognition and enforcement. The exequatur procedure from the Brussels I Regulation is abolished in certain cases. In the Member State of enforcement there are only very limited possibilities of refusal of enforcement of a certified judgment. In this article the Regulation is discussed, as well as the further possibilities of simplification of cross border enforcement of civil judgments in the European Union. It is argued that for a further simplification of cross border enforcement a harmonization of the procedural laws of the Member States is necessary.

Those with a subcription can download the article from here.