EC Regulation 805/2004 of 21 April 2004 established, within the EU, the European Enforcement Order for uncontested claims. In short, it is a proceeding aimed at ensuring the timely circulation of decisions, court settlements or public acts involving uncontested claims. It also avoids delays relating to proceedings for the recognition and enforcement of those decisions, transactions or acts, ensuring in each case the protection of the rights of the claimant and the defendant.
If the terms and guarantees conditions set forth the Regulations are complied with, the judicial decision certified as European Enforcement Order shall be recognised and enforced in other Member States without the need for a declaration of enforceability and without any possibility of opposing its recognition (art. 5 of Regulation).
Following the outcome of the referendum on Brexit, and at the end of the negotiations that will open the complex procedure provided for in Article 50 of the Lisbon Treaty of 2009, it is possible that Regulation 805/2004 would no longer be applicable in the United Kingdom.
Regulation 805/2004 has found many applications since its entry into force and any inability to use this tool against debtors (with certain non- contested debts) who are resident or domiciled in the UK will certainly be a topic deserving close evaluation in the wake of the UK’s leave from the EU.
You can consult and/or download the full version of the Brexit dossier here.