Regulation (EC) No. 805/2004 (Enforcement Order Regulation)
 Regulation (EC) No. 805/2004 |
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|---|---|
| Title: | Regulation (EC) No. 805/2004 of the European Parliament and of the Council of April 21, 2004 introducing a European enforcement order for uncontested claims |
| Scope: | EU |
| Legal matter: | Civil procedural law |
| Basis: | EC Treaty , in particular Article 61 letter c) and Article 67 paragraph 5 second indent |
| Procedure overview: |
European Commission European Parliament IPEX Wiki |
| To be used from: | October 21, 2005 |
| Reference: | OJ L 143 of April 30, 2004, pp. 15-39 |
| Full text |
Consolidated version (not official) basic version |
| Regulation has entered into force and is applicable. | |
| Please note the information on the current version of legal acts of the European Union ! | |
The EC Regulation No. 805/2004 , the wording of the Regulation of the European Parliament and of the Council of April 21, 2004 on the introduction of a European enforcement order for uncontested claims , abbreviated as EuVTVO , of April 21, 2004 (published in the Official Journal of the European Communities L 143 / 04 p. 15) regulates the introduction of a simplified procedure in which creditors can obtain an enforcement title in other EU member states (with the exception of Denmark) more quickly and cheaply for undisputed claims and do not have to initiate an exequatur procedure for this purpose .
The European Enforcement Order ( EuVT ) is not an independent enforcement order, as only the enforceability of an existing enforcement order is extended to the other member states.
history
The EuVTVO came into force on October 21, 2005. In the ZPO are in §§ 1079 ff. Regulations for precise implementation.
The aim is to facilitate the mutual recognition and enforcement of decisions, court settlements and documents. For this purpose, an exequatur procedure does not apply if the foreign procedure has met certain minimum requirements, the existence of which is checked by the Member State from which the enforcement order originates. Then an enforcement order is confirmed as a European Enforcement Order and is enforceable in the other Member States. Another member state in which the foreclosure takes place does not check these minimum requirements or so-called obstacles to recognition (such as in the procedure of §§ 722 ff. ZPO ). Legal scholars criticize this waiver, in particular of the public policy of recognition .
The regulation does not apply for and in relation to Denmark (Art. 2 Para. 3). An international law agreement, as it was made between the EC and Denmark for the EuGVVO , does not exist for the EuVTVO at the moment.
Since according to the EuVTVO an enforcement order is confirmed as a European enforcement order under certain conditions, one can only see a "relabeled" one, so that only with the introduction of the European order for payment procedure and the European small claims procedure does a "real" European enforcement order exist.
Regulations
The EuVTVO only applies to civil and commercial matters (Art. 2). Enforcement titles that can be confirmed are decisions, court settlements or public documents that are considered "undisputed" (Art. 3). This is e.g. B. the case for default judgments and acknowledgment judgments . In addition, the titles must have been created after the EuVTVO came into force (Art. 26, 33). The regulation does not apply in Denmark (Art. 2 (3)).
The requirements for confirmation as a European enforcement order can be found in the catalog-like list in Art. 6. They are only checked by the Member State from which the enforcement order originates. The law of the Member State in which it is to take place applies to enforcement (Art. 20). An enforcement clause is not required (Section 1082 ZPO).
If the application by the obligee is rejected, he can submit a new application "at any time" (Art. 6 Paragraph 1) and in Germany the provisions on contesting the decision to grant an enforcement clause apply accordingly (Section 1080 Paragraph 2 ZPO ). The debtor can correct or revoke the confirmation as a European Enforcement Order under the conditions of Art. 10 if errors occurred in the confirmation. A review of the enforcement title itself is only provided for in exceptional cases (Art. 19). In addition, according to § 1086 ZPO, the debtor is entitled to a defense against enforcement (§ 767 ZPO).
literature
- from German point of view:
- Comments on the Code of Civil Procedure (Germany) (ZPO)
- David-Christoph Bittmann: The European Enforcement Order - simple and good? Review of a pilot project after five years and some court decisions , Anwaltsblatt 05/2011, 378 ( PDF )
