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Ireland > Legal Developments > Law firm and leading lawyer rankings


European Enforcement Order Difficulties

Duncan Grehan&Partners have recently been selected to contribute to a survey  carried out in all EU Member States to ascertain the practicability of the regulation 805/2004/EC.

This survey hopes to identify practice pitfalls.  This regulation provides for the issuing of a European Enforcement Order where a court judgment on an uncontested money claim in one Member State is to be recognized and enforced in another Member State. This provision ensures that European judgments can circulate freely and that they can be enforced with few intermediate proceedings. However, the practice is different to the theory.

Delays arise in having the Enforcement Order issued. We are experienced in the preparation of the application in Ireland to the Central Office of the High Court. This reduces delays. One cause of delay is when figures in the original judgment do not correspond with those in the European Enforcement Order Certificate of the originating court administration. For example, the accrued interest up to a certain date may be calculated differently in each document so that the receiving court authority does not know what sum is to be “enforced”. Even though Article 21 (2) of the Regulation 805/2004/EC states that neither the original judgment nor the certification as European Enforcement Order may under any circumstances be reviewed as to their substance by the enforcing Member State, the court administration here will have to query such applications.

It remains to be seen whether the results of this survey will highlight the practical difficulties and result in further of the EEO procedures across the 27 Member States.

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