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Image header Agence Europe
Europe Daily Bulletin No. 9055
Contents Publication in full By article 20 / 35
GENERAL NEWS / (eu) eu/justice

European writ of execution for unchallenged debts takes effect

Brussels, 24/10/2005 (Agence Europe) - The European Parliament and Council Regulation of April 2004 on the creation of a European writ of execution for unchallenged debts took effect on 21 October 2005. The European writ of execution for uncontested debts establishes minimum norms in order to ensure that decisions, judicial transactions and authentic acts concerning unchallenged debts can circulate freely. This means the suppression of the exequatur, that is, recognition and automatic execution, without intermediary procedures and without a motive for refusing execution, of the decision taken in another Member State. With a view to forced debt collection in any one of the European Union Member States, it will henceforth be up to the holder of an “uncontested” debt to gain certification of the debt in the State of origin. There will be no other approach, no other control, in the State of implementation, other than the execution procedure itself. Application of this regulation is an essential stage in the building of a European judiciary area, but is also a challenge for adjusting the judiciary legislation of Member States and overturns the traditional reflexes of practitioners (magistrates, lawyers, notaries and registrars). The regulation applies in civic and commercial matters. It does not cover taxation, customs or administrative matters. It is applicable in all Member States except Denmark. (The Regulation on the creation of a European writ of execution for unchallenged debts is No805/2004).

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