Thecrossborder enforcement of administrative penalties - PowerPoint PPT Presentation

Title: Thecrossborder enforcement of administrative penalties


1

• The cross-border enforcement of administrative
  penalties

Living in an area of freedom, security and justice
European Commission
Directorate-General Justice and Home affairs
2

• Facilitating enforcement in civil and commercial
  matters

• Council Regulation (EC) No 44/2001 of 22
  December 2000 on jurisdiction and the recognition
  and enforcement of judgments in civil and
  commercial matters
• Regulation (EC) No 805/2004 of the European
  Parliament and of the Council creating a European
  Enforcement Order for uncontested claims
• Regulation (EC) No 1896/2006 of the European
  Parliament and of the Council of 12 December 2006
  creating a European order for payment procedure
• Regulation (EC) No 861/2007 of the European
  Parliament and of the Council of 11 July 2007
  establishing a European Small Claims Procedure

Living in an area of freedom, security and justice
European Commission
Directorate-General Justice and Home affairs
3

• Regulation 44/2001 (Brussels I)

• Judgments given in a MS and enforceable there
  can be enforced in another MS after being
  declared enforceable there
• Application is made to the court that has
  territorial jurisdiction
• Declaration of enforceability must be issued
  after certain formalities have been completed and
  must be served on the other party
• It is possible to refuse to recognise a foreign
  judgment if recognition would be contrary to
  public policy or irreconcilable with an earlier
  judgment, or where the document initiating the
  proceeding has not been served in good time or
  the other party does not appear.
• gt Exequatur still required. Recognition can be
  refused

Living in an area of freedom, security and justice
European Commission
Directorate-General Justice and Home affairs
4

• Regulation (EC) No 805/2004 (EEO)

• Exequatur is abolished for judgments on
  uncontested claims in proceedings that comply
  with certain minimum standards on
• service of documents on debtor and
• due information of debtor about claim,
  procedural steps necessary to contest it and
  consequences of absence of objection
• Such judgments can be certified as EEO by a
  court of the MS of origin of the judgment
• Effect of EEO Judgments are recognised and
  enforced
• - without need for declaration of enforceability
  (exequatur) and
• - without possibility of opposing recognition

Living in an area of freedom, security and justice
European Commission
Directorate-General Justice and Home affairs
5

• Regulation (EC) No 1896/2006
• (European order for payment)

• Simplifies, speeds up and reduces costs of
  cross-border litigation concerning uncontested
  pecuniary claims by introducing a EPO
• Permits free circulation of EPOs throughout MS
• Regulation abolishes exequatur
• EPO recognised/enforced in other MS
• - without need for declaration of enforceability
  and
• - without any possibility of opposing recognition.

Living in an area of freedom, security and justice
European Commission
Directorate-General Justice and Home affairs
6

• Regulation (EC) No 861/2007
• (European small claims procedure)

• Judgment given in ESCP (in cross-border cases up
  to 2000 ) recognised and enforced in another MS
  without need for declaration of enforceability
  and without possibility of opposing recognition
• Required for enforcement
• - Copy of judgment
• - Copy of certificate (issued by court that has
  given judgment)

Living in an area of freedom, security and justice
European Commission
Directorate-General Justice and Home affairs
7

• Green Paper on Transparency of Assets

• To be adopted by the Commission in February 2008
• Consultation among interested parties on how to
  improve the transparency of debtors assets in
  the European Union
• Focusses on
• - Increasing information available in registers
  and improving access to them
• - The debtors declaration

Living in an area of freedom, security and justice
European Commission
Directorate-General Justice and Home affairs
8

• Green Paper on Attachment of bank accounts
  (October 2006)

A possible solution to the problems arising from
the current fragmentation of national rules on
enforcement would be to create a European
procedure for the attachment of bank accounts,
which would allow a creditor in certain
circumstances to secure the payment of a sum of
money due to him by preventing the removal or
transfer of funds held to the credit of his
debtor in one or several bank accounts within the
territory of the EU. Such an order would have
protective effect only, i.e. it would block the
debtor's funds in a bank account without
transferring these to a creditor. An attachment
order issued in one Member State would be
recognised and enforceable throughout the EU
without the need for a declaration of
enforceability. Such a system could be
established by designing a new and self-standing
European procedure, which would be available in
addition to measures existing under national law,
subject to an impact assessment.
Living in an area of freedom, security and justice
European Commission
Directorate-General Justice and Home affairs