Receiving a favorable ruling against a debtor is one thing, being able to collect it is another… especially when the debtor is abroad.

The European Union countries have legal instruments. In 2001, the Brussels I Regulation had simplified the exequatur procedure. The procedure originally consisted in the control of the enforcement of an order decided by another State by the State in which it had to be enforced. The Brussels I Regulation had put in place a simplified procedure called « declaration of enforceability ».  With a view to enforce the judgment, an application for a declaration of enforceability had to be made to the competent authority of the Member State concerned. Once granted, this declaration could be appealed by the debtor.

With an eye to constant simplification and movement of judgments, a decisive second stage was completed with the Brussels I Bis Regulation: deleting purely and simply any procedure of declaration of enforceability. From now on, the judgments given from procedures from 10 January 2015 onwards in a Member State of the European Union will be immediately enforceable in the other Member States. Article 39 of the Regulation states that: « A judgment given in a Member State which is enforceable in that Member State shall be enforceable in the other Member States without any declaration of enforceability being required ».

Before the enforcement of the decision, the creditor must have served on or notified the debtor, and have a certificate issued by the Registry. Although this is not compulsory, it is always advised to include a translation of the decision in the language of the debtor.