The procedure: Articles 46 to 55

  • The Regulation makes provision for the application of the procedure in the Member State of enforcement.

  • The request is submitted by the applicant who produces the coourt settlement accompanied by Form III, with these documents being translated at the request of the court seised.

Advice

A translation of all the documents by a sworn court interpreter should be requested systematically by the courts in order to check the extent of the enforceability of the settlement (Section 4 of Form III [doc]).

  • The Regulation does not make provision for contradictory proceedings in this first examination of the application, and the judge simply grants or refuses the enforceability of the court settlement in his State, based on the documents submitted and without any contradictory debate.

  • The applicant is informed of the judge’s decision in accordance with the procedure applicable in the Member State of enforcement.

    When the court settlement is declared enforceable in the Member State of enforcement, notice of this decision is served to the party against whom enforcement is sought.

  • This decision granting or refusing enforceability in the State of enforcement may be appealed in front of the following authorities: Notification under the terms of Article 78.

    The time for appealing is 30 days as of service of the decision to be appealed, or 60 days when the defendant is domiciled in another Member State,

    The contradictory procedure is then applicable when examining this appeal and the court that is seised must give its decision without delay.

  • This decision on the appeal may be referred to the following authorities: Notification under the terms of Article 78.