Do You Want to Receive an Envelope With the Enforcement Taking Place From the EU Member State?

By November 24, 2020 No Comments

The EEO enforcement process is governed by EU Regulation (EC) No 1003/2008 (the “Regulation”). A
creditor may submit final decision made by one of EU Member State courts to another Member
State court for an EEO certification enabling a judgment creditor to enforce that judgment in any
other EU member state by simply registering the certificate with the court of that other state. There
is no requirement for any formal recognition of the judgment in the state where enforcement is
sought and no requirement to serve the EEO certificate or judgment on the judgment debtor. By
avoiding the requirement for recognition and service, obtaining an EEO certificate is a faster and less
expensive enforcement method than the standard EU enforcement mechanism under the 2001
Brussels Regulation.
A significant further benefit of obtaining an EEO is that the grounds for challenging one once granted
are far more limited compared to enforcement under the 2001 Brussels Regulation. In order to
obtain an EEO, the judgment must have been made on or after 21 January 2005 and arise from
uncontested civil or commercial claims. The claim must also meet certain minimum procedural
standards (discussed further below), and judgments in relations to particular types of proceedings,
such as bankruptcy and arbitration, are not enforceable by the EEO process.
In order to start the process, the procedural safeguards have to be satisfied before an EEO will be
granted. The local (Croatian) High Court can take a flexible approach in applying them.

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