Civil judicial cooperation: European enforcement order for uncontested claims
2002/0090(COD)
The Commission stated that it could 11 of the amendments made by Parliament in whole or in part. These include:
- part of the definition of "uncontested claim";
- a judgement certified as a European Enforcement Order will be enforced in other Member States without the need for a declaration of enforceability and without any possibility of opposing its recognition;
- amendments relating to the methods of service of the document instituting the proceedings;
- one unsuccessful attempt at personal service on the debtor is sufficient to allow recourse to substituted service;
- a very brief description of the justification of the claim will meet the requirement for certification as a European Enforcement Order.
The Commission rejected 5 amendments, amongst them, the possibility of appeal for both judgement debtor and judgement creditor to the extent that the domestic law of the Member State of origin allows an appeal against a national enforcement order. The Commission gave several reasons, among them that the proposal deals with uncontested claims only.�