The European Enforcement Order is a legal tool that facilitates debt collection at the European level and speeds up the enforcement process in Spain. In an increasingly globalised world, where commercial transactions cross national borders, having an efficient mechanism to enforce creditors’ rights is essential.
In this article, from the law firm of Ignacio García Taboada, I tell you in detail what the European Enforcement Order is and how it is carried out in Spain, examining the key aspects and legal procedures involved.
What is the European Enforcement Order?
The European Enforcement Order is a legal instrument that allows the enforcement of a court decision in one European Union country in another member country without the need to resort to an exequatur procedure.
In other words, it is a mechanism that streamlines and simplifies the process of enforcing judgments at European level, facilitating the collection of cross-border debts and ensuring the protection of creditors’ rights.
Purpose of the European Enforcement Order
The purpose of the enforcement order is to promote mutual trust between the judicial systems of the Member States of the European Union and to facilitate the enforcement of judgments across borders. It seeks to remove legal barriers and obstacles to the recovery of debts and to speed up the enforcement process in order to ensure the fulfilment of contracted obligations.
Importance of judicial cooperation in the EU
Judicial cooperation in the European Union is of vital importance for the effective functioning of the European Enforcement Order. It allows communication and exchange of information between the judicial authorities of the Member States, which facilitates the identification and tracing of the debtor’s assets in different jurisdictions. This collaboration and coordination is essential to ensure that judgments are enforced efficiently and without hindrance, thereby strengthening trust and cooperation in the judicial field in the European Union.
Details of the European Enforcement Order (EEO)
The European Enforcement Order (EEO) has important details that should be fully understood:
Features of the European Enforcement Order
- Recognition in all EU countries: The European Enforcement Order is valid in all EU Member States, which facilitates cross-border enforcement of judgments.
- Simplification of the enforcement process: The EEJ streamlines and simplifies the process of enforcement of judgments, avoiding the need for additional exequatur procedures.
- Immediate effectiveness and enforcement: The EEW confers immediate enforceability on the judgment to which it refers, which means that it can be enforced without the need for additional proceedings in the country of enforcement.
- Ease of obtaining: Obtaining the EER is a relatively simple and streamlined process, allowing creditors to speed up the recovery of their debts at the European level.
- Automatic recognition: Once the EEO is obtained, it is not necessary to apply for recognition in the country of enforcement, as it is presumed to be valid and effective in all Member States.
- Uniformity of format: The TEE follows a standard format established by EU law, which ensures that it is recognised and understood in all Member States. Broad scope of application: The TEE can be used for the enforcement of different types of debts, both in civil and commercial cases, including debts arising from contracts, outstanding payments, compensation, among others.
What types of debts can be claimed under the European enforcement order?
The European enforcement order makes it possible to claim all types of pecuniary debts (which have as their object the delivery of a specific amount of money), whether they are of a civil or commercial nature. This includes the payment of sums of money, interest, court costs and any other financial obligation that has been recognised by a valid court decision. You should be aware that the European Enforcement Order is not limited to debts of a certain minimum amount, which extends its application to a wider range of cases
Requirements for certification as a European Enforcement Order
In order to obtain certification as a European Enforcement Order, it is necessary to comply with certain requirements laid down by Regulation (EC) No 805/2004, among them:
- Court decision: A valid and enforceable court decision in an EU country is required. This judgment must be a decision that establishes a clear and enforceable payment obligation.
- Debtor’s consent: The debtor is required to have given his express or tacit consent to certification as a TEE. This implies that the debtor must have been duly notified and have had the opportunity to lodge any opposition or appeal against the court decision.
- Certificate of authenticity: A certificate of authenticity issued by the competent authority of the country where the judgment was issued is required. This certificate ensures the authenticity of the decision and its conformity with national law.
- Opposition period: The opposition period set by the law of the country where the decision was rendered must be respected. If no objection has been lodged within this time limit, certification as a TEE can proceed.
- Official language: The content of the judgment and all related documents should be in the official language of the country where the judgment was given. If this is not the official language of the country of enforcement, an official translation may be required.
- Compliance with additional formalities: In some cases, it may be necessary to comply with certain additional formalities laid down by the national law of the country where certification as a TEE is sought.
Differences between a European Enforcement Order and other instruments
The European Enforcement Order differs from other enforcement orders in that it is automatically recognised and enforced in all Member States of the European Union without the need for an exequatur process, making it much more flexible. Unlike other instruments, the European Enforcement Order can also be used for the enforcement of non-pecuniary judgments, which broadens its scope and usefulness in various types of disputes.
Procedure for obtaining a European Enforcement Order in Spain
The procedure for obtaining a European Enforcement Order (EEO) in Spain follows a series of steps and requires the fulfilment of certain formalities:
Initiation of the procedure and necessary documentation
In order to start the process of obtaining a European Enforcement Order in Spain, it is necessary to have the judicial decision that establishes the obligation to pay and that meets the requirements mentioned above. In addition, the following documents that I have already mentioned above must be submitted:
- Copy of the court decision
- Certificate of authenticity
- Official translation into Spanish
Proceedings before the judicial bodies
Once the necessary documents are available, the application for the issuance of the European Enforcement Order must be submitted to the competent judicial bodies in Spain. The procedure will be carried out in the appropriate court depending on the subject matter and the amount of the case.
During the proceedings, the parties involved may be required to appear and an examination of the documents submitted may be required. The court will assess the application and verify compliance with the requirements set out in the applicable law.
Deadlines and associated fees
The timeframe for obtaining an enforcement order will depend on the workload of the courts and the complexity of the case. It should be borne in mind that court proceedings can take time, so patience should be exercised during this process. In addition, there may be court fees associated with the procedure for obtaining the European Enforcement Order. These fees may vary depending on the amount of the case and the regulations in force in each autonomous community.
Recognition and enforcement of the European Enforcement Order in Spain
The recognition and enforcement of the European Enforcement Order (EEO) in Spain involves a series of procedures and legal actions:
Validation of the European Enforcement Order by Spanish authorities.
Once the European Enforcement Order has been obtained in another Member State of the European Union, it is necessary to apply for its validation before the competent Spanish authorities. This procedure involves presenting the European Enforcement Order together with the required documents to the court of first instance corresponding to the debtor’s domicile. The judge will examine the title and verify its conformity with the requirements established in Spanish law. If these requirements are met, the judge will proceed to recognise the European Enforcement Order and issue a recognition decision.
Enforcement measures and possible remedies
Once the TEE has been recognised, the creditor may initiate the corresponding enforcement measures to obtain the fulfilment of the obligation set out in the title. These measures may include attachments, auctions, precautionary measures or other legal actions depending on the applicable Spanish law. In the event that the debtor wishes to challenge the recognition of the TEE or the enforcement measures adopted, he/she may file the remedies provided for in Spanish law, such as the appeal or the appeal, within the established time limits.
Advantages and disadvantages of the European Enforcement Order
Streamlining cross-border proceedings
The European Enforcement Order streamlines cross-border proceedings by providing a mechanism recognised throughout the European Union for the enforcement of debts. This avoids the need to initiate court proceedings in each country involved, resulting in time and resource savings for the parties.
Legal certainty and protection of rights
The enforcement of European judgments offers legal certainty and protection of the rights of the parties involved. By having an enforceable title recognised in multiple countries, a solid legal framework is established that ensures the enforcement of contractual obligations and provides confidence to creditors.
Limitations and challenges of the European Enforcement Order
Despite its advantages, judicial enforcement also presents limitations and challenges. These may include the need to comply with specific requirements for obtaining an enforcement order, as well as the possibility of difficulties in cases where there are substantial differences in national laws. In addition, there may be language and cultural barriers that hinder efficient enforcement.
Practical tips for dealing with a European Enforcement Order in Spain
Dealing with a European Enforcement Order in Spain requires proper management to ensure its effectiveness and enforcement:
Preparation of documentation.
You must have complete and accurate documentation to support the validity and enforceability of the European Enforcement Order. This includes gathering all relevant documents, such as contracts, invoices, payment agreements, among others. In addition, it is advisable to conduct a thorough review to ensure that the documentation complies with legal requirements and is in order.
Choice of legal representation
Competent legal representation is crucial for handling a European enforcement order in Spain. A lawyer specialising in international law and debt enforcement can provide expert advice and represent interests effectively. Their experience in the Spanish judicial system and their knowledge of the specific procedures related to the European enforcement order will be of great help.
Anticipating potential obstacles and solutions
It is important to anticipate possible obstacles that may arise during the enforcement process. This involves identifying possible difficulties, such as legal or interpretative discrepancies, language barriers or even the debtor’s resistance. By anticipating these challenges, one can work on alternative solutions and strategies to overcome them, thus ensuring an efficient management of the European Enforcement Order.
Conclusions
The European Enforcement Order is a very complex process that should not be undertaken without the guidance and advice of a professional lawyer who is an expert in this type of procedure. If you find yourself in a situation in which you require these services, contact us, from the office of Ignacio García Taboada we will resolve all your doubts and process the European enforcement order with guarantees.
