At Union level, there are two ways to track the execution abroad of a court decision, a judicial transaction or an authentic act. A creditor seeking to execute a court decision, court settlement or authentic act abroad may choose: either to obtain a European enforceable title in the Member State in which the court decision, court settlement or authentic document is issued / drafted; or obtain a declaration of enforceability in the Member State in which the enforcement is sought, • in accordance with the exequatur procedure provided for in Regulation (EC) no. 44/2001 on judicial jurisdiction, recognition and enforcement of judgements in civil and commercial matters.
The European enforceable title is issued following a simple procedure, which can be used for uncontested cross-border claims.
This procedure allows a court decision in one Member State regarding an uncontested claim to be easily recognised and enforced in another Member State. Thus, the European enforceable title represents a certificate accompanying a court decision, a judicial transaction or an authentic document and which allows the free movement of the decision, transaction or act in question in the European Union.
The claim that is the subject of a dispute must be entitled to a certain amount of money that has become chargeable.
In order to turn a court decision into a European enforceable title, the judge will necessarily use a standard form.
After the court issues the European enforceable title, it must be transmitted to the enforcement authority in the Member State in which the debtor lives or its assets are located.
In addition to the European enforceable title, it is also necessary to send a copy of the initial judgement, and a translation of the title may also be required, depending on the languages accepted by the executing authority in the other Member State. No other formalities are necessary, as the court decision can be enforced in the other Member State.
The application must relate to a civil or commercial cause.
- A European enforceable title cannot be obtained in the following situations:
- fiscal, customs or administrative matters, or the state's liability for its acts and omissions in the exercise of public authority (non-contractual liability)
- the status or legal capacity of natural persons, matrimonial property regimes, wills and successions;
- bankruptcies, liquidation procedures of insolvent companies or other legal entities, court transactions, concordats and similar procedures; The recognition and enforcement of insolvency court rulings are regulated by Regulation (EC) no. 1346/2000 of the Council on insolvency proceedings
- arbitration.
A certificate of European enforceable title is issued at the request of the creditor. The procedure for obtaining a European enforceable title differs depending on the cases in which the certificate is requested in relation to:
- judgement to be pronounced
- court decision that has already been pronounced
- an authentic act
- court settlement
The decision to be certified as a European Enforcement Order must be enforceable. However, a certificate may also be issued when the judgement is provisional.
If the European enforceable title is refused, the applicant has two options: either to challenge the refusal to grant a European enforceable title, if this possibility exists under national law, or to pursue the enforcement of the judgement in another Member State according to the exequatur procedure mentioned in Regulation 44/2001.
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