Enforcing EU judgments
Worried about the cross-border enforcement of
judgments, the Commission has proposed a number of key amendments
to the 1968 Brussels Convention on the recognition and enforcement
of judgments in the Member States.
The Commission is worried that the current rules
are out-of-date and act as a disincentive to individuals and small
and medium-sized businesses (SMEs) wishing to enforce their rights.
Extra procedures, involving additional costs and delays, are
required if a judgment obtained in one Member State is to be
enforced in another.
The draft has three main aims:
- ensuring that the enforcement of a judgment obtained in another
Member State is virtually automatic;
- revising the grounds on which a foreign judgment may be
- providing a uniform definition for provisional measures.
Four areas are identified where differing national
procedures create difficulties:
- speedy debt recovery;
- attachment of funds (seizure of bank accounts);
- transparency of assets; and
- international co-operation.
To become law, these proposals will require the
unanimous support of Member States.