1. European enforcement order for uncontested claims Regulation n. 805/2004 of the European Parliament and of the Council of April 21 2004

2. EEO Regulation-reasons for its creation Since 2001 – the possibility to enforce decision in civil and commercial matters of one Member state in another Member state when fulfilling the requirements of exequatur proceedings stated by Brussels I Regulation member states were not completely satisfied --- -> wanted to create simpler rules for enforcement of some „uncontested decisions“--- -> in 2004 was created regulation creating „European enforcement order for uncontested claims (EEO regulation)

3. EEO Regulation –relation to Brussels I Regulation Both represent for the creditor „way how to enforce the decision“ Similar scope of application The EEO Regulation can be regarded as special legal regulation, Brussels I Regulation as general legal regulation – EEO Regulation applies only to uncontested claims. EEO brings simpler way of enforcement (no exequatur proceeding)

4. EEO Regulation – scope of application Civil and commercial matters, whatever the nature of the court or tribunal. Negative (is not applicable): a) revenue, customs, administrative matters or liability of the State for the exercise of state authority, b) Status of legal capacity of natural person, rights in property arising of matrimonial relationship, wills and succession, c) Bankruptcy proceedings and analogous proceedings, d) Social security, e) Arbitration.

5. EEO Regulation – important notions EEO is applicable to judgments, court settlements and authentic instruments on uncontested claims (and decisions following challenges of these decisions). Judgment – any decision give by court or tribunal of a Member state, whatever it is called Claim – a claim for payment of a specific sum of money that has fallen due or for which due date is indicated in the judgment, settlement or instrument. Authentic instrument – document, which has been formally drawn up or registered as authentic instrument and the authenticity of which either relates to the signature and the content of the instrument or has been established by a public authority or other authority empowered for that purpose by the State.

6. EEO Regulation – important notions Uncontested claims – article 3 of the Regulation: a) The debtor has agreed to it by means of admission or court settlement, b) The debtor has never objected to it (in compliance with the relevant provisions of the national law) c) The debtor has not appeared – tacit admission of the claim (in compliance with relevant provisions of the national law, the debtor must be instructed about consequences of his default of appearance), d) The debtor has expressly agreed to it in an authentic instrument.

7. EEO Regulation – the enforcement procedure No exequatur proceedings is required. The Member state who issued the decision on uncontested claim certifies the decision as European enforcement order. (certificate – judgment (annex I), court settlement (annex II), authentic instrument (annex III). Decision certified as EEO shall be recognised and enforced in another Member state without need for declaration of its enforceability and without any possibility of opposing its recognition.

8. EEO – Regulation-enforcement procedure – Requirements for certification The decision on uncontested claim shall be upon application certified as EEO if: a) It is enforceable in the state of origin, b) It does not conflict with the rules on jurisdiction as laid down in Brussels I Regulation, c) The proceedings met the requirements of chapter III of this Regulation and d) The judgment was given in the Member state of debtor´s domicile in cases where: a claim is uncontested within the meaning of article 3 para 1 letters b) or c), it relates to contract concluded by consumer, the debtor is consumer.

9. EEO Regulation – requirements on the procedure Chapter III of the Regulation The requirements concern especially the service of the decision to the debtor (however, the conditions are not so strict). Article 16 sets down minimum standards of information which must be given to the debtor – information about the claim and information about procedural steps necessary to contest the claim.

10. EEO Regulation – enforcement of the EEO The enforcement of the EEO shall be governed by provisions of national law of the Member state. Article 23 –stay or limitation of enforcement –if the debtor challenged the decision certified as EEO or applied for the rectification or withdrawal of EEO (Annex VI).

11. EEO Regulation – other provisions Article 6 para 2 – EEO has ceased to be enforceable or its enforceability has been suspended or limited – certification in Annex IV Article 6 (3) EEO has been challenged – certification of the following decision which replaces the EEO (Annex V) Article 8 – partial EEO (if only a part of decision meet the requirements of the Regulation to be certified as EEO)