If you have obtained a judgment or court order, you will want to enforce it in a jurisdiction where the judgment debtor has assets or is located in order to receive whatever the court has granted.
EC Regulation No. 805/2004 which introduced the European Enforcement Order (“EEO”) provides a means to enforce foreign judgments within the European Union without the need of taking intermediate proceedings. Unlike EC Regulation No. 44/2001, there is no need to obtain a declaration of enforceability.
The EEO is however applicable only in relation to uncontested claims. Uncontested claims are defined in Article 3 of the regulation as being one of the following:
- the debtor has expressly agreed to it by admission or by means of a settlement which has been approved by a court or concluded before a court in the course of proceedings; or
- the debtor has never objected to it, in compliance with the relevant procedural requirements under the law of the Member State of origin (where judgment was given or the claim arose); or
- after initial objection, the debtor has never appeared or been represented at court, provided that such conduct amounts to a tacit admission of the claim or of the facts alleged by the creditor under the law of the Member State of origin; or
- the debtor has expressly agreed to it in an “authentic instrument” i.e. a document whose contents and signature have been ‘authenticated’ by a public authority.
Once a European Enforcement Order certificate is issued and registered, the judgment is treated as if it had been delivered by a Cyprus court. The methods of enforcement of judgments provided under Cyprus law can then be used.
It should further be noted that the EEO can be only be used in civil or commercial matters and specifically does not apply to the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession; bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings; social security; arbitration.
We are able to assist in the registration and execution of foreign judgments in Cyprus. If you require further information or advice regarding the registration and enforcement of foreign judgments in Cyprus contact us using [email protected]
