Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims
Modified by
  • Commission Regulation (EC) No 1869/2005of 16 November 2005replacing the Annexes to Regulation (EC) No 805/2004 of the European Parliament and of the Council creating a European Enforcement Order for uncontested claims, 32005R1869, November 17, 2005
  • Regulation (EC) No 1103/2008 of the European Parliament and of the Councilof 22 October 2008adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutinyAdaptation to the regulatory procedure with scrutinyPart Three, 32008R1103, November 14, 2008
  • Regulation (EU) 2022/2040 of the European Parliament and of the Councilof 19 October 2022amending Regulation (EC) No 805/2004 as regards the use of the regulatory procedure with scrutiny in order to adapt it to Article 290 of the Treaty on the Functioning of the European Union(Text with EEA relevance), 32022R2040, October 25, 2022
Corrected by
  • Corrigendum to Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims, 32004R0805R(01), April 15, 2005
Regulation (EC) No 805/2004 of the European Parliament and of the Councilof 21 April 2004creating a European Enforcement Order for uncontested claims CHAPTER ISUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1Subject matterThe purpose of this Regulation is to create a European Enforcement Order for uncontested claims to permit, by laying down minimum standards, the free circulation of judgments, court settlements and authentic instruments throughout all Member States without any intermediate proceedings needing to be brought in the Member State of enforcement prior to recognition and enforcement.
Article 2Scope1.This Regulation shall apply in civil and commercial matters, whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters or the liability of the State for acts and omissions in the exercise of State authority ("acta iure imperii").2.This Regulation shall not apply to:(a)the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession;(b)bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings;(c)social security;(d)arbitration.3.In this Regulation, the term "Member State" shall mean Member States with the exception of Denmark.
Article 3Enforcement titles to be certified as a European Enforcement Order1.This Regulation shall apply to judgments, court settlements and authentic instruments on uncontested claims.A claim shall be regarded as uncontested if:(a)the debtor has expressly agreed to it by admission or by means of a settlement which has been approved by a court or concluded before a court in the course of proceedings; or(b)the debtor has never objected to it, in compliance with the relevant procedural requirements under the law of the Member State of origin, in the course of the court proceedings; or(c)the debtor 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, provided that such conduct amounts to a tacit admission of the claim or of the facts alleged by the creditor under the law of the Member State of origin; or(d)the debtor has expressly agreed to it in an authentic instrument.2.This Regulation shall also apply to decisions delivered following challenges to judgments, court settlements or authentic instruments certified as European Enforcement Orders.
Article 4DefinitionsFor the purposes of this Regulation, the following definitions shall apply:1."judgment": any judgment given by a court or tribunal of a Member State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court;2."claim": a claim for payment of a specific sum of money that has fallen due or for which the due date is indicated in the judgment, court settlement or authentic instrument;3."authentic instrument":(a)a document which has been formally drawn up or registered as an authentic instrument, and the authenticity of which:(i)relates to the signature and the content of the instrument; and(ii)has been established by a public authority or other authority empowered for that purpose by the Member State in which it originates;orb)an arrangement relating to maintenance obligations concluded with administrative authorities or authenticated by them;4."Member State of origin": the Member State in which the judgment has been given, the court settlement has been approved or concluded or the authentic instrument has been drawn up or registered, and is to be certified as a European Enforcement Order;5."Member State of enforcement": the Member State in which enforcement of the judgment, court settlement or authentic instrument certified as a European Enforcement Order is sought;6."court of origin": the court or tribunal seised of the proceedings at the time of fulfilment of the conditions set out in Article 3(1)(a), (b) or (c);7.in Sweden, in summary proceedings concerning orders to pay (betalningsföreläggande), the expression "court" includes the Swedish enforcement service (kronofogdemyndighet).
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