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Image header Agence Europe
Europe Daily Bulletin No. 8196
Contents Publication in full By article 19 / 39
GENERAL NEWS / (eu) eu/judicial co-operation

Commission recommends setting precedent for free circulation of unchallenged financial rulings

Brussels, 19/04/2002 (Agence Europe) - On Friday the European Commission published a draft regulation to enable creditors who have obtained an enforceable decision on a claim that was never disputed by the debtor to proceed directly to enforcement in another Member State without having to go through any burdensome administrative or judicial procedure in that country. This proposal establishes for the first time the principle that the Member States have to treat a judgement from another other Member State in exactly the same way as if it had been delivered by one of their own courts. The aim it so eliminate intermediate measures still necessary for the recognition and enforcement of judgements in others Member States for all decisions in civil and commercial matters and covers all court decisions on money claims in situations where there is a verifiable absence of any dispute over the nature or extent of the debt. The Commission's approach will give creditors a tangible benefit by sparing them the considerable delays and expenses which are frequently the side effects of the requirement to have a judgement declared enforceable by the courts of another Member State. It is a pilot project in the framework of the mutual recognition programme whose long-term objective is to eliminate intermediary measures in not just financial, but also civil and commercial matters. In the next few months, the European Commission will be unveiling a Green Paper on creating a uniform, harmonised procedure for a European injunction to pay. Harmonisation would cover both the injunction procedure and rules covering notification and the meaning of legal documents in general.

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