By CPM LAWYERS – 10-04-2020
As the end of the Brexit transition period approaches, those with an enforceable judgement in Spain should hurry up.
CPM LAWYERS offer clients a professional and efficient cross border recognition and enforcement of foreign judgements.
How to enforce EU judgments: European Enforcement Orders and Brexit.
The European Enforcement Order (EEO) procedure is a simplified way of enforcing judgments from uncontested debt claims (i.e., claims where the debtor has admitted liability or not responded to the claim or not appeared at court having initially responded) across different EU Member States.
If you have an enforceable judgment issued in UK, you can ask the Spanish the enforcement authorities (Courts) e.g. where the debtor has assets, without any intermediary procedure being required (without “exequatur”).
The Withdrawal Agreement (EU Act 2020) provides for the “transition period” to run until 31 December 2020: Article 126 (although there is provision for extension in Article 132).
The recognition and enforcement of judgments from the remaining 27 Member States of the European Union will therefore continue to be governed by the Brussels (Recast) Regulation, at least in respect of judgments handed down by EU27 Courts in proceedings started before 31 December 2020.
Thus, when December 2020 approaches (assuming there has been no extension to the transition period), CPM LAWYERS strongly recommend starting the enforcement in Spain for those having a UK judgment against Spanish debtors, to save time and money.
- The first step is to go before the courts and get a judgment in your favour against the debtor.
- Even though the case is uncontested, the debtor must be properly served with a document telling him/her the reason for the claim, the amount (including interest and court fees, if claimed) and the names and addresses of the parties.
- The judgment will order the debtor to pay a sum of money.
- Then you need to apply to have the judgment certified as a European Enforcement.
- Once the EEO has been issued by the court, it must be sent to the enforcement authority of the EU country where the debtor lives or where his/her assets are.
The documents that must be provided are, according to Regulation 805/2004:
- An authentic copy of the resolution
- An authentic copy of the Certificate of European Executive Title.
- A sworn translation of the European Enforcement Order Certificate will be required in the official language of the executing Member State