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Applicability of the Regulation no. 805/20044 establishing an European enforcement order for uncontested claims

Regulation no. 805/2004 creating a European Enforcement Order for uncontested claims entered into force for the Member States of the European Union (except for Denmark) on 21 October 2005. In applying the Regulation, the creditor can obtain a European Enforcement Order in the Member State in which a judgment was pronounced. This instrument ensures the free movement of judgments, no longer being necessary to use intermediate proceedings in the Member State of enforcement of a judgment when the latter is accompanied by a European Enforcement Order. The Regulation involves complete removal of the exequatur procedure. Instead, the authentic instrument containing an uncontested claim must be certified in the country of origin as a European Enforcement Order, so that it can be executed in any EU Member State without the need for recourse to the procedure of recognition or exequatur. The Regulation applies in civil and commercial matters, with the exception of personal status, tax matters, customs or administrative matters.