23.11.2004
•
News

Judicial Cooperation – European Enforcement Order

Regulation no. 805/2004 of the European Parliament and of the Council creating a European Enforcement order for uncontested claims Official Journal of the EU L 143 of 30 April 2004

The Regulation represents an important step for the proper functioning of the internal market in the field of judicial cooperation in civil matters as it provides for free circulation of judgements, court settlements and authentic instruments for uncontested claims throughout the Member States (except Denmark).

At present, a judgement issued in one Member State can be enforced in another Member State after it has been recognised as an enforceable title by the Member State where the enforcement of such judgement has been sought. Such procedure is governed by the Council Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters. This intermediate procedure, however, still involves delays and expenses for the person seeking the enforcement.

Under the Regulation, such requirement of a prior declaration of enforceability is abolished in respect of judgements, court settlements and authentic instruments (such as enforceable notarial records) provided they concern uncontested claims in civil and commercial matters and that certain specific conditions stipulated in the Regulation are met.

An uncontested claim is a claim to which the debtor has expressly agreed or to which the debtor has never objected in the course of the court proceedings or a claim where the debtor has not appeared at a court hearing that claim. As the Regulation seeks to promote the fundamental rights, more particularly the right to a fair trial, certain minimum procedural standards must be met in the (court) proceedings in the Member States of origin. Consequently, the documents instituting the proceedings must be properly served on the debtor and the debtor must be properly informed about the claim in question and about procedural steps necessary to contest the claim.

If the above conditions are met, a certificate of a European Enforcement Order is issued by the court of origin upon application.

A judgement that has been certified as a European Enforcement Order by the court of origin is recognised and enforced in the other Member States without the need for a declaration of enforceability and without any possibility of opposing its recognition. It must be treated as if it had been delivered in the Member State in which enforcement is sought.

The Regulation comes into force on 1 January 2005 and shall apply from 21 October 2005.

Other articles

22.9.2026
•
News

KŠB secures landmark Supreme Court ruling on size premiums in squeeze-out valuations

Kocián Šolc Balaštík (KŠB) has obtained a significant victory before the Czech Supreme Court in a dispute over the fairness of the consideration paid to minority shareholders in Léčebné lázně Mariánské Lázně a.s. In its judgment in case no. 27 Cdo 1678/2025, the Court dismissed the claimants’ appeal and upheld the lower courts’ decisions. KŠB lawyers Radka Felgrová and Vlastimil Pihera represented the company and its majority shareholder.

Kocián Šolc Balaštík (KŠB) has obtained a significant victory before the Czech Supreme Court in a dispute over the fairness of the consideration paid to minority shareholders in Léčebné lázně Mariánské Lázně a.s. In its judgment in case no. 27 Cdo 1678/2025, the Court dismissed the claimants’ appeal and upheld the lower courts’ decisions. KŠB lawyers Radka Felgrová and Vlastimil Pihera represented the company and its majority shareholder.

‍

‍

14.9.2026
•
News

KŠB advises on the sale of a majority stake in Znakon Group to enteria

KŠB provided legal advice on the sale of a 75% stake in Znakon, Znakon Asfalt and Znakon Servis to enteria, a Pardubice-based group and one of the Czech Republic’s largest construction holdings.

‍

KŠB provided legal advice on the sale of a 75% stake in Znakon, Znakon Asfalt and Znakon Servis to enteria, a Pardubice-based group and one of the Czech Republic’s largest construction holdings.

‍

9.9.2026
•
News

KŠB Runs for a Good Cause

On Tuesday, 8 September three teams from KŠB took part in the eighth annual Good Will Run organised by the Olga Havel Foundation in Prague’s Hvězda Park. Proceeds from the entry fees will go towards supporting families facing difficult circumstances due to serious illness, loss of housing or domestic violence.

On Tuesday, 8 September three teams from KŠB took part in the eighth annual Good Will Run organised by the Olga Havel Foundation in Prague’s Hvězda Park. Proceeds from the entry fees will go towards supporting families facing difficult circumstances due to serious illness, loss of housing or domestic violence.

‍

‍