A European Enforcement Order (EEO) is a legal instrument that facilitates the judicial enforcement of a judgment rendered within the European Union (EU). 1. Definition 2. How do I get a TEE in France? 3. Enforcing a European Enforcement Order in the EU
Created by Regulation (EC) no. 805/2004 of the European Parliament and of the European Council, then simplified from January 10, 2015 by Regulation no. 1215/2012, the European Enforcement Order aims to facilitate the recognition and enforcement of judgments in civil and commercial cases in European Union member countries.
Definition of the European Enforcement Order
A European Enforcement Order is a certificate which accompanies a judicial decision handed down by a court in the European Union, enabling it to be enforced throughout the EU.
This certificate can be likened to a “European judicial passport”, and is designed to facilitate debt collection within the EU. Indeed, when a court in a European Union country issues a European Enforcement Order, it can be recognized and enforced in another member state, without the need to go through a recognition or exequatur procedure as in the past.
This facilitates the circulation of judicial decisions and avoids the multiplication of procedures in different countries.
This saves time and money for the winning party. Once the European Enforcement Order has been issued, the creditor can apply for enforcement in another member country, following local procedures.
The EEO is subject to a number of restrictions. It applies exclusively to uncontested judicial decisions, i.e. when all avenues of appeal have been exhausted or the time limit for exercising them has expired. This includes decisions in areas such as contracts, maintenance obligations, damages or property.
It should be noted that the European Enforcement Order does not apply to decisions in criminal, administrative or tax matters, nor to decisions relating to the civil status or legal capacity of individuals.
How do I get a TEE in France?
Only the court which rendered the decision in France is competent to issue an EEO.
For this reason, reference should be made to article 509-1 of the French Code of Civil Procedure, which states:
I. – The following shall be submitted to the registrar of the court which rendered the decision (…): 1° Requests for certification of French enforceable titles with a view to their recognition and enforcement abroad pursuant to: (…)
Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of December 12, 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ;
By a contrario interpretation of the end of article 509-1 of the CPC, which specifies that “Requests presented before the judge are exempt from the ministry of a lawyer“, the request before the registrar should be formulated by a lawyer.
However, a parallel can be drawn with article 509-2 of the French Code of Civil Procedure, which stipulates that certain applications for recognition or declaration of enforceability in France of a foreign enforcement order are submitted to the registrar, while others are submitted to the president of the judicial court.
The last paragraph of this article specifies that “applications submitted to the judge are exempt from the requirement to be accompanied by a lawyer“. However, the Cour de cassation has approved an appeal court’s decision to the effect that a petition submitted to the chief clerk of the tribunal de grande instance for a declaration of enforceability in France of a foreign judgment need not be presented by a lawyer (Civ. 2e, September 29, 2011, pourvoi n° 10-14.968).
So, in practice, to obtain a European Enforcement Order, a creditor simply has to fill in a specific form generated by the e-Justice portal of the European Justice website, without having to call in a lawyer.
In addition to the form, the clerk’s office will ask the creditor to provide a number of other documents:
- proof of identity
- proof of address
- certificate of non-appeal of the judgment
Once these documents have been received, the clerk’s office of the court that issued the judgment will issue the European Enforcement Order to the claimant by post.
Enforcing a European Enforcement Order in the EU
Once you’ve obtained a European Enforcement Order, the hardest part remains: collecting your debt in the country or countries where the debtor’s assets are located, whether in France or the rest of the European Union.
Searching for the debtor’s address and assets throughout the EU
In order to serve the EEO on the debtor, the search for the debtor’s domiciliary address is of prime importance, and precedes the search for the debtor’s assets. Indeed, what’s the point of commissioning a bailiff and possibly a lawyer when the debtor has no assets within the EU?
These investigations should not be limited to the debtor’s country of residence, but should cover all EU countries.
Once a private detective has carried out a solvency investigation, the creditor must take steps to seize the assets, by calling in a judicial commissioner in each country concerned, and possibly a lawyer.
Service of the EEO and seizure of debtor’s assets within the EU
It should be noted that a judicial officer (huissier de justice) must have all the original documents to be able to act: original court decision, original European Enforcement Order.
Consequently, simultaneous enforcement in different countries is impossible. It is therefore necessary to prioritize countries according to the assets to be seized.
It should be noted that there is no translation obligation. However, under French law, the defendant may request a translation of any document not drawn up in French. For this reason, it is strongly recommended that documents written in a foreign language be translated. Calling on the services of an official translator at a court of appeal is a plus, but a free translation is sufficient.
Once the debtor has been served with the EEO, the court-appointed receiver must proceed with the seizure of assets, in collaboration with the private investigator and, if necessary, the lawyer.
In conclusion, while obtaining a European Enforcement Order greatly facilitates the forced execution of a legal decision within the EU, and is issued free of charge without the need for a lawyer, debt collection in several EU countries is always long, complex and costly.
SENEX Détective privé and its partners have a wealth of experience in this field, and can be called upon for any debt recovery in the European Union. The firm is at the disposal of all creditors and their lawyers, whether for advice, obtaining an EEO or searching for the debtor’s assets.
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