Cross Border Enforcement of Claims in the EU

History, Present Time, and Future
Erscheinungsjahr 2009
ISBN: 978-90-411-2861-4
Verlag: Wolters Kluwer

Buch, Englisch, 396 Seiten

Reihe: European Monographs Series

This book focuses on preventive security arrangements and precautionary

measures that offer creditors the widest possible assurance of obtaining an

enforceable cross border title of execution and recovering claims in the event

of non-payment by the debtor – all while adhering closely to such guiding

principles as efficiency, legal certainty, predictability, and the

establishment of a proper balance between the interests of the claimant and

the defendant. The author pays close attention to relevant factors as the

following

the debtor’s privacy interest, the creditor's efficiency interest, legal

principles of non-discrimination, proportionality, territoriality,

universality, and mutuality;

the role of regulated enforcement and recovery agents;

a foreign State’s immunity against civil execution measures;

recognition and enforceability of titles of execution;

interim measures;

grounds of non-recognition or refusal and other obstacles to enforcement or

recovery;

periods of limitation;

enforcement of a contested claim;

appeals;

costs and repayment;

referral provisions to national laws;

access to information for enforcement purposes in the international context;

the possible alternative to cross border enforcement of claims, international

insolvency;

disqualification orders for non-serious or illegal business activity.

The analysis considers the provisions of applicable legal instruments,

including the Brussels I Regulation, the European Enforcement Order for

Uncontested Claims, the European Order for Payment Procedure, the European

Small Claims Procedure, the Nordic Convention on Recognition and the

Enforcement of Judgments in Civil Matters, the New York Convention on Foreign

Arbitral Awards, the European Convention on Human Rights, the European State

Immunity Convention, and the Vienna Conventions on Diplomatic and Consular

Relations, as well as EC law on tax claims, the Recovery Directive, the OECD

Convention on Mutual Administrative Assistance in Tax Matters, the Nordic

Agreement on Assistance in Tax Matters, and EC law and conventions on

insolvency. Case law at every level, including ECHR and ECJ case law, is drawn

on liberally.

No other work on the cross border enforcement of contractual money law claims

and tax law claims in the EU has anything like the depth and breadth of this

analysis.

Autoren/Hrsg.

Berglund, Mikael

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Insolvenz- und Zivilprozessrecht

Inhaltsverzeichnis

Preface

1. Introduction.
2. History and Legal Developments.
3. Enforcement and Recovery Agents.
4. Public International Law.
5. Scope of Application of European Community Law and Conventions.
6. Procedures in European Community Law and Conventions.
7. Harmonization of Civil Execution Laws.
8. Bibliography Annexes Index