Introduction

Existence of a claim

Issuance of enforcement order (writs of execution)

Existence of seizable assets or claims

Conditions of enforcement

Judicial authority

Other authorities

Competent authorities and persons

Operations

Difficulties in enforcement

Implementation of compulsory enforcement

General regime of enforcement procedures

Concept of penalty

Scope ratione personae

Material scope

Determination of penalty

Competence of judge

Powers of court

Effects of ruling ordering or rejecting penalty

Pronouncement of penalty

Substantive conditions

Procedural conditions

Role and powers of the judge

Effects of liquidation judgment

Liquidation of the penalty

Penalty

Conditions of implementation

Contesting the measures

Ordinary law on protective measures

Protective seizures

Judicial security interests (sûretés judiciaires)

Specific regimes

Interim protective measures (mesures conservatoires)

Seizure of claims for sums of money

Seizure of tangible movable property

Seizure of intangible rights

Enforcement measures on movable property

Real estate seizures

Evictions

Enforcement measures on real estate

Enforcement measures

5. Civil Enforcement Procedures

Three European regulations establish procedures that allow the enforcement of European Union court judgments without a declaration of exequatur.
The European Enforcement Order for uncontested claims, established by Regulation No 805/2004 of 21 April 2004 , is a legal mechanism aimed at ensuring the free circulation of judgments, court settlements, and authentic instruments in all Member States, wi …

Absence of exequatur

Three European regulations establish procedures that allow the enforcement of European Union court judgments without a declaration of exequatur.

The European Enforcement Order for uncontested claims, established by Regulation No 805/2004 of 21 April 2004 , is a legal mechanism aimed at ensuring the free circulation of judgments, court settlements, and authentic instruments in all Member States, without the need for any intermediate proceedings in the Member State of enforcemen . The regulation applies in civil and commercial matters, regardless of the nature of the court . A claim is deemed “uncontested” when the debtor:

- expressly acknowledged it by admission it or by means of settlement;

- has not appeared or been represented at a court hearing regarding that  claim after having initially objected to the claim in the course of the  court proceedings; or

- expressly agreed to it in an authentic instrument .

The creditor must request the certification of the court decision as a European enforcement order to enforce their claim in European States. The debtor is inadmissible to challenge before the enforcement judge the conditions under which the European decision was served before the decision is certified as a European enforcement order . The judgment certified as a European enforcement order must be enforced under the same conditions as a judgment rendered in the Member State of enforcement . However, the European enforcement order certificate only produces effects within the limits of the enforceability of the original decision . Consequently, its annulment by the originating court invalidates the previously initiated measure, which is no longer applicable.

Furthermore, the Regulation of 12 December 2006  established a European order for payment procedure for the collection of pecuniary claims for a specific amount that have fallen due at the time when the application for a European order for payment is submitted . An application for a European order for payment must be submitted using a form that specifies:

- the name and address of the parties and their representatives, and that of the court to which the  application is made;

- the amount of the claim, the principal, interest, contractual penalties, and costs;

- the interest on the claim, interest rate, and the period of time for which they are claimed, unless statutory interest is automatically added to the principal under the law of the Member State of origin;

- the cause of action, including a description of the circumstances invoked as the basis of the claim and the interest demanded;

- a description of the evidence supporting the claim;

- the cross-border nature of the dispute.

The application must be submitted on paper or by any other means of communication accepted by the Member State of origin and usable by the court of origin, including electronically . The court seized of an application for a European order for payment examines it as soon as possible on the basisi of the application form . If the application is accepted, the court issues the European order for payment within thirty days from the submission of the application . The defendant may lodge a statement of opposition to the European order for payment with the court of origin. The opposition is sent within thirty days from the service or notification of the order to the defendant . The rejection of the application is not subject to appeal but does not prevent the applicant from asserting the claim through a new European order for payment application . If the court of origin declares the European order for payment enforceable, it is executed in other Member States without the need for a declaration of enforceability and without the possibility of contesting its recognition .

Finally, Regulation No 861/2007  establishes a European small claims procedure. This procedure aims to simplify and expedite the resolution of small cross-border claims to reduce costs . It applies in civil and commercial matters, regardless of the nature of the court, when the amount of the claim does not exceed EUR 2,000 at the time the claim form is received by the competent court, excluding interest, costs, and expenses . The claimant initiates the procedure by completing a form, which they send directly to the competent court by post or any other means of communication. If the claim appears manifestly unfounded or inadmissible, or if the claimant does not complete or correct the form within the specified time, the claim is rejected . The European small claims procedure is a written procedure. However, the court holds a hearing if it deems it necessary or if one of the parties requests it . It delivers its judgment within thirty days after a hearing or after receiving all necessary information to rule. The decision must be served or notified to the parties  and enforced under the same conditions as a judgment rendered in the Member State of enforcement .

Regulation No 805/2004 of 21 April 2004 creating a European Enforcement Order for uncontested claims, OJEC L 143 of 30 April 2004, 15.

Regulation No 861/2007 of 11 July 2007 establishing a European Small Claims Procedure, OJ L 199 of 31 July 2007, 1.

Cass. 2e civ., 22 February 2012, LawLex202300002807JBJ.

Cass. 2e civ., 6 January 2012, LawLex202200010161JBJ.

Regulation No 1896/2006 of 12 December 2006 creating a European order for payment procedure, OJEC L 399 of 30 December 2006, 1.

5. Civil Enforcement Procedures

21. Absence of exequatur

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

21. Absence of exequatur

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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