The EEO enforcement process is governed by EU Regulation (EC) No 1003/2008 (the
“Regulation”). A creditor may submit final decision made by one of EU Member State courts to another Member State court for an EEO certification enabling a judgment creditor to enforce that judgment in any other EU member state by simply registering the certificate with the court of that other state. There is no requirement for any formal recognition of the judgment in the state where enforcement is sought and no requirement to serve the EEO certificate or judgment on the judgment debtor. By avoiding the requirement for recognition and service, obtaining an EEO certificate is a faster and less expensive enforcement method than the standard EU enforcement mechanism under the 2001 Brussels Regulation.
A significant further benefit of obtaining an EEO is that the grounds for challenging one once granted are far more limited compared to enforcement under the 2001 Brussels Regulation. In order to obtain an EEO, the judgment must have been made on or after 21 January 2005 and arise from uncontested civil or commercial claims. The claim must also meet certain minimum procedural standards (discussed further below), and judgments in relations to particular types of proceedings, such as bankruptcy and arbitration, are not enforceable by the EEO process.
In order to start the process, the procedural safeguards have to be satisfied before an EEO will be granted. The local (Croatian) High Court can take a flexible approach in applying them.
If you would like to discuss any of the issues raised further please e-mail Ivan Župan at
ivan.zupan@zba.hr