Appeal against an enforceability decision [European Regulation in matters of international successions]

Appeal against an enforceability decision

List of authorities empowered to make an appeal against an enforceability decision by country

by the terms of Article 50(2):^[1]

COUNTRY	APPEAL AGAINST AN ENFORCEABILITY DECISION?
Belgium	Opposition: court of first instance, appeal: court of appeal
Bulgaria	Absence of declaration by the State
Czech Republic	regional court
Germany	higher regional court
Estonia	District court
Greece	court of appeal
Spain	provincial court
France	court of appeal
Croatia	municipal court
Italy	court of appeal
Cyprus	district court
Latvia	regional court
Lithuania	Court of Appeal of Lithuania
Luxembourg	court of appeal
Hungary	regional court, Budapest Regional Court
Malta	court of appeal
Netherlands	court of judge hearing applications for interim relief
Austria	regional court
Poland	court of appeal
Portugal	court of appeal, Supreme Court of Justice
Romania	court of appeal
Slovenia	regional court
Slovakia	regional court
Finland	court of appeal
Sweden	local court

Notes

Article 50
Appeal against the decision on the application for a declaration of enforceability
- 1. The decision on the application for a declaration of enforceability may be appealed against by either party.
- 2. The appeal shall be lodged with the court communicated by the Member State concerned to the Commission in accordance with Article 78.
- 3. The appeal shall be dealt with in accordance with the rules governing procedure in contradictory matters.
- 4. If the party against whom enforcement is sought fails to appear before the appellate court in proceedings concerning an appeal brought by the applicant, Article 16 shall apply even where the party against whom enforcement is sought is not domiciled in any of the Member States.
- 5. An appeal against the declaration of enforceability shall be lodged within 30 days of service thereof. If the party against whom enforcement is sought is domiciled in a Member State other than that in which the declaration of enforceability was given, the time for appealing shall be 60 days and shall run from the date of service, either on him in person or at his residence. No extension may be granted on account of distance.