NOTE: The information set out below has to be considered in the context of the United Kingdom leaving the EU on 31 December 2020 (“IP Completion Day”). If you are unsure what to do after IP Completion Day you may wish to consider seeking appropriate legal advice and the Law Society of Scotland can provide contact details for solicitors in your area. Please note that the Scottish Courts and Tribunals Service staff are unable to provide legal advice.
What are European Enforcement Orders?
European Enforcement Orders were introduced by EC Regulation No 805/2004 and apply between all Member States of the European Union except Denmark. The Regulations allow judgments made in one member state to be enforced in another. There are restrictions though on the type of judgments they apply to, for example they can be used in uncontested civil and commercial cases. They cannot be used in revenue, customs or administrative cases, cases where the State is liable, cases relating to status, property rights arising out of matrimonial cases, wills or succession, bankruptcy, insolvency, social security, or arbitration.
An application for a European Enforcement Order Certificate is made by letter to the sheriff clerk of the court which granted the judgment and an affidavit must also be lodged with the application.
Applications can also be made for rectification and withdrawal of a European Enforcement Order Certificate, an application is made in Form VI and is to be lodged with the sheriff clerk.
The debtor can apply for review of the judgment if they did not receive the document initiating proceedings, or where they were prevented from objecting to the claim through no fault of their own.
Further information can be accessed in the European e-Justice Portal.
Rules/Regulations:
(Please note that this was subsequently amended at Article 33 Entry into force, the date being changed from 21 January 2004 to 21 January 2005. The amendment can be found in the Official Journal for 15 April 2005 page 0064)
Forms:
Form VI - Application for rectification or withdrawal of the European Enforcement Order Certificate
Fees:
The fee for applying for a certificate, is the copying fee as noted in the fee order can be accessed in the Court Fees section.
You may be entitled to fee exemption, for example if you are entitled to certain state benefits. Further information can be found in the Court Fees section and the application for fee exemption.
You should note that these fees do not include any fees you may need to pay if you have instructed a solicitor to help you. The solicitor can give you information on these costs.
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