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Abolition of Exequatur Provisional paper libre.pdf


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1896/2006 creating a European order for payment procedure12, Regulation 861/2007
establishing a European Small Claims Procedure13 and Regulation 4/2009 on
jurisdiction, applicable law, recognition and enforcement of decisions and cooperation
in matters relating to maintenance obligations14. All these instruments provide that, in
certain conditions, decisions given in a Member State can be recognised and enforced in
another Member State without the adoption of an enforceability decision in the Member
State where recognition or enforcement is sought. In these cases, no grounds for the
refusal of recognition are admitted. This means that the foreign judgment or document
has to be recognised and enforced under the same conditions as judgments or
documents given in the Member State where recognition is sought. A refusal of
recognition is therefore not possible15.

B. Regulation 44/2001

After the “limited” experiments that we have just mentioned, the Commission started to
work towards a most significant achievement: the transformation of the core instrument
of European Judicial Cooperation in civil matters, Regulation 44/2001, into an
“exequatur-free Regulation”. A Green Paper on the review of this Regulation was
presented in 200916. In this paper, the Commission launched a discussion on the
possibility of abolishing exequatur in all civil and commercial matters. The reason put
forward to justify this abolition has to do with the expenses that must be paid when

12

Regulation (EC) 1896/2006 of the European Parliament and of the Council of 12 December 2006
creating a European order for payment procedure, OJ L 399, 30.12.2006.
13
Regulation (EC) 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing
a European Small Claims Procedure OJ, L 199, 31.7.2007.
14
Council Regulation (EC) 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and
enforcement of decisions and cooperation in matters relating to maintenance obligations, OJ L 7,
10.1.2009.
15
See Regulation 4/2009, Art. 17: “Abolition of exequatur.- 1. A decision given in a Member State bound
by the 2007 Hague Protocol shall be recognised in another Member State without any special procedure
being required and without any possibility of opposing its recognition. 2. A decision given in a Member
State bound by the 2007 Hague Protocol which is enforceable in that State shall be enforceable in another
Member State without the need for a declaration of enforceability”; Regulation 861/2007, Art. 20.1: “A
judgment given in a Member State in the European Small Claims Procedure shall be recognised and
enforced in another Member State without the need for a declaration of enforceability and without any
possibility of opposing its recognition”; Regulation 1896/2006, Art. 19: “Abolition of exequatur.- A
European order for payment which has become enforceable in the Member State of origin shall be
recognised and enforced in the other Member States without the need for a declaration of enforceability
and without any possibility of opposing its recognition.”
16
Green Paper on the review of Council Regulation (EC) nº 44/2001 on jurisdiction and the recognition
and enforcement of judgments in civil and commercial matters, COM(2009) 175 final, Brussels,
21.4.2009.

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