A guide to the UPC and the UP - Flipbook - Page 385
the Member State in which recognition is sought or of a right recognised as being fundamental
in those legal orders.”
19-21 The Court held that, on the facts of the case, despite an alleged error of the Bulgarian court in
applying the Trade Marks Directive, the test was not met; the Bulgarian decision could not be
refused recognition by the courts in the Netherlands.
The European Enforcement Order for uncontested claims
19-22 In addition to the Brussels I Regulation (recast), the EU has adopted a number of regulations
introducing streamlined procedures to facilitate European cross-border recognition and
enforcement of creditor’s rights. 26 Of these, Regulation (EC) No. 805/2004 creating a European
Enforcement Order for uncontested claims (EEO Regulation) is the only procedure designed for
the enforcement of existing judgments and court settlements. 27 The EEO Regulation only
applies to “uncontested claims” and applies to situations in which a creditor, in the absence of
any dispute by the debtor as to the nature or extent of a pecuniary claim, has obtained either
a court decision against that debtor or has an enforceable document acknowledging the debt,
in the form of an authentic instrument setting out the debtor’s express consent or a settlement
approved by a court. 28 As a result, the application of the EEO Regulation to patent litigation will
in practice be limited to settlements or judgments involving undisputed damages only claims.
Since the EEO Regulation is only relevant to uncontested financial claims it will not be available
to enforce penalties which will have been granted to ensure compliance with injunctive relief
in the context of contested proceedings.
19-23 Judgment creditors in uncontested claims can choose either to apply to have their judgment
certified as an EEO or to use the Brussels I Regulation (recast). The procedures are similar
and neither requires a declaration of enforceability. Under the EEO Regulation the judgment
creditor in an uncontested claim applies to the court of origin for an EEO certificate,
provided that the judgment is enforceable in the state where it was given and does not
conflict with the jurisdiction rules of the Brussels I Regulation (recast). The court of origin must
also scrutinise compliance with the minimum procedural standards which are set out in the
EEO Regulation to ensure that the debtor is informed about the court action, the requirement
for active participation in the proceedings to contest the claim and the consequences of not
doing so in sufficient time and in such a way as to enable the debtor to arrange for its
defence. 29
19-24 Judgments on uncontested claims which include enforceable decisions on costs related to
court proceedings can be certified as EEOs with regard to the costs unless the debtor has
objected to such costs in the course of the court proceedings. 30
19-25 Once the judgment has been certified as an EEO judgment it is enforceable in the same way as
a judgment in the enforcing state without the need for a declaration of enforceability or any
possibility of opposing its recognition. 31 The procedure will be governed by the law of the
Member State in which enforcement is sought. The judgment creditor must provide the
enforcing court with a copy of the judgment, the EEO certificate and where necessary a
26
27
28
29
30
31
These procedures are, in order of adoption (1) the European Enforcement Order for uncontested claims, Regulation (EC) No.
805/2004 of the European Parliament and of the Council of 21 April 2004 (OJ No. L 143, 30.4.2004, p.15); (2) the European
Order for Payment, Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of 12 December 2006
(OJ No. L 399, 30.12.2006, p.1); (3) the European Small Claims Procedure, Regulation (EC) No. 861/2007 of the European
Parliament and of the Council of 11 July 2007 (OJ No. L 199, 31.7.2007, p.1); and (4) the European Account Preservation Order,
Regulation (EU) No. 655/2014 of the European Parliament and of the Council of 15 May 2014 (OJ No. L 189, 27.6.14, p.59).
The last of these allows for a single order to be made in the courts of one Member State which is capable of freezing any
bank account of a debtor in any Member State and may also have its uses in enforcing the Court’s orders.
It applies to all Member States except Denmark.
art.3(1) EEO Regulation.
art.6(1) EEO Regulation.
art.7 EEO Regulation.
art.5 EEO Regulation.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 375
