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The European legislator (European Union) has issued various regulations in order to standardise and thus simplify the enforcement of payment titles within the Community.
European regulations are directly applicable within a member state of the European Union in accordance with Art. 288 para. 2 AEUV (Treaty on the Functioning of the European Union).
This means that every citizen and every company in a Member State of the European Union can directly invoke any rights and obligations arising from a European regulation.
EU Regulation No. 1215/2012 (Brussels Ia Regulation) and EU Regulation No. 805/2004 (Enforcement Order Regulation) are of particular importance.
The Brussels Ia Regulation concerns, inter alia, the following standard case:
Two parties are in dispute in a civil or commercial matter before a national court. The national court issues a judgement following a hearing and, if necessary, the taking of evidence.
The Brussels Ia Regulation regulates how this national court judgement could be enforced within another member state of the European Union.
The Enforcement Order Ordinance regulates the following situation, among others:
Two parties are in dispute in a civil or commercial matter before a national court. The opposing party (defendant) does not appear in court, so a default judgement is issued against them.
Modification of the case:
Although the defendant appears in court, he does not defend himself against the claim and recognises the claim. The court then issues a judgement of acknowledgement.
The Enforcement Order Regulation therefore relates to enforcement orders based on uncontested claims and regulates their enforceability in another Member State of the European Union.
In addition to the regulations already listed, there are other EU regulations in connection with the compulsory enforcement of claims within the European Union, for example EU Regulation No. 1896/2006 (Order for Payment Regulation) and EU Regulation No. 861/2007 (Small Claims Regulation).
These other EU regulations are not included in this article, as they regulate, among other things, independent procedures for obtaining a special European enforcement order.
The Brussels Ia Regulation (EU Regulation No. 1215/2012) and the Enforcement Order Regulation (EU Regulation No. 805/2004) only regulate the question of how ordinary national enforcement orders can be enforced within another member state of the European Union, but do not create a special European enforcement order of its own kind.
Enforcement under the Brussels Ia Regulation requires the following documents:
In order to initiate a compulsory enforcement measure in Germany, a copy of the respective enforcement order must first be submitted to the respective enforcement body, which fulfils the requirements necessary for its probative value (Art. 37 of EU Regulation No. 1215/2012).
If a creditor wishes to enforce a national court judgement, he must - as a rule - apply to the court of origin for a copy to be issued.
According to the respective national law, another body may also be responsible for this.
To avoid problems with the German enforcement authorities, an application for an enforceable copy should be made to the court of origin and the original of the enforceable copy should be submitted to the German enforcement authority.
This approach is appropriate, even if Art. 37 of the Brussels Ia Regulation (EU Regulation No. 1215/20129) does not expressly refer to enforceable execution.
By submitting the original of an enforceable copy of the respective enforcement order, you are always on the ‘safe side’ in Germany and avoid any time-consuming discussions with enforcement authorities. The reason for this approach is that German enforcement authorities only enforce foreign titles in a fraction of cases and are typically inexperienced in dealing with them.
Next, the respective creditor must apply for a corresponding certificate in accordance with the Brussels Ia Regulation.
In the event of a court judgement, the creditor must apply to the court of origin for a certificate to be issued in accordance with Art. 53 Brussels Ia Regulation.
The court of origin must use the form in Annex I of the Brussels Ia Regulation (EU Regulation No. 1215/20129) for this purpose.
As a final step, we advise every creditor (with the exception of those from Austria) to have an officially certified translation of the enforcement order and the certificate in accordance with the Brussels Ia Regulation prepared.
By submitting the officially certified translation of the enforcement order and the certificate, there is no need for any discussion with the respective enforcement body and the debtor. On the other hand, the debtor could, for example, dispute the content of a foreign enforcement order or the certificate and thus paralyse the enforcement proceedings for a second time.
Enforcement under the Enforcement Order Ordinance requires the following documents:
As with the Brussels Ia Regulation, a copy of the enforcement order (Art. 20 para. 2 lit. a of EU Regulation No. 805/2004) that fulfils the requirements for its probative value is required first.
An enforceable copy of the respective enforcement order and its presentation in the original to the German enforcement authority fulfils these requirements in any case.
Next, the creditor must submit a copy of the European Enforcement Order certificate (Article 20(2)(b) of EU Regulation No 805/2004) to the German enforcement authority.
In the event of a court judgement, the court of origin must use the form in Annex I of EU Regulation No. 805/2004.
As with enforcement under the Brussels Ia Regulation, every creditor is advised to submit an officially certified translation of the enforcement order and the European Enforcement Order certificate in order to avoid an interruption of the enforcement proceedings.
If you are in possession of a (payment) judgement from another EU country and would like to initiate enforcement proceedings in Germany, you can send us a message at any time using our contact form. Alternatively, you can send us an e-mail or call our office directly. Our office will answer your call within our opening hours. You will usually hear back from us within 24 hours.
Together we will find solutions that are customised to your individual needs. With us, there is no mass production, and certainly no working to a template!
You can also find us at:
Topuz Law
Parkstraße 22
40477 Düsseldorf
Germany
