European Enforcement Order for Uncontested Claims (805/2004)

A supplier in Belgium obtains a judgment against a customer who never answered the claim, but the customer's bank accounts are in Portugal. A landlord in Austria holds a notarial deed in which a tenant expressly acknowledged a debt, and the tenant now lives in Slovenia. A company in Ireland has a settlement, approved by a court, with a distributor based in Finland. In each case the creditor already holds a title in one Member State and wants to use it in another. Regulation (EC) No 805/2004 of 21 April 2004 creates the European Enforcement Order for uncontested claims for this situation. Under Article 5, a judgment certified as a European Enforcement Order in the Member State 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. In return, where the claim is uncontested because the debtor never objected to it or, after initially objecting, did not appear or was not represented at a court hearing in a way that amounts to a tacit admission under the law of the Member State of origin (Article 3(1)(b) and (c)), the proceedings in the Member State of origin must have met the minimum procedural standards of Chapter III.

This guide is for creditors who hold a judgment, a court settlement or an authentic instrument on a money claim in one EU Member State and want to enforce it in another, and for debtors who receive a European Enforcement Order certificate. It follows the text of Regulation (EC) No 805/2004 of the European Parliament and of the Council as amended, including by Regulation (EU) 2023/2844. It also explains how the Regulation differs from two procedures covered in a separate guide, the European Order for Payment and the European Small Claims Procedure, and from the general rules of Regulation (EU) No 1215/2012 (Brussels I bis). It does not describe national enforcement procedure: under Article 20(1), without prejudice to the provisions of Chapter IV, the enforcement procedures are governed by the law of the Member State of enforcement.

What the Regulation covers and where it does not apply (Articles 1, 2, 26 and 33; recital 25)

The purpose stated in Article 1 is to create a European Enforcement Order for uncontested claims to permit, by laying down minimum standards, the free circulation of judgments, court settlements and authentic instruments throughout all Member States without any intermediate proceedings needing to be brought in the Member State of enforcement prior to recognition and enforcement.

Under Article 2(1), the Regulation applies in civil and commercial matters, whatever the nature of the court or tribunal. It does not extend, in particular, to revenue, customs or administrative matters or to the liability of the State for acts and omissions in the exercise of State authority (acta iure imperii). Article 2(2) lists matters to which it does not apply: (a) the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession; (b) bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings; (c) social security; and (d) arbitration.

Denmark. Article 2(3) provides that, in the Regulation, the term ‘Member State’ means Member States with the exception of Denmark. Recital 25 states that Denmark does not take part in the adoption of the Regulation and is therefore not bound by it or subject to its application. Read with Article 4(1), which refers to a judgment given by a court or tribunal of a Member State, the Regulation applies to judgments given in a Member State bound by it.

Time. Article 26 provides that the Regulation applies only to judgments given, to court settlements approved or concluded and to documents formally drawn up or registered as authentic instruments after its entry into force. Under Article 33, the Regulation entered into force on 21 January 2005 and applies from 21 October 2005, with the exception of Articles 30, 31 and 32, which applied from 21 January 2005.

Judgments from outside the EU. The Regulation applies to judgments given by a court or tribunal of a Member State bound by it (Articles 2(3) and 4(1)), and Türkiye is not a Member State of the European Union. Whether a judgment of a Turkish court can be enforced in an EU Member State is a separate question; the separate guide on enforcing a foreign court judgment deals with that question.

When is a claim ‘uncontested’? (Articles 3 and 4; recitals 5 and 6)

Under Article 3(1), the Regulation applies to judgments, court settlements and authentic instruments on uncontested claims. A claim is regarded as uncontested if: (a) the debtor has expressly agreed to it by admission or by means of a settlement which has been approved by a court or concluded before a court in the course of proceedings; or (b) the debtor has never objected to it, in compliance with the relevant procedural requirements under the law of the Member State of origin, in the course of the court proceedings; or (c) the debtor has not appeared or been represented at a court hearing regarding that claim after having initially objected to the claim in the course of the court proceedings, provided that such conduct amounts to a tacit admission of the claim or of the facts alleged by the creditor under the law of the Member State of origin; or (d) the debtor has expressly agreed to it in an authentic instrument.

Recital 6 explains that the absence of objections under Article 3(1)(b) can take the shape of default of appearance at a court hearing or of failure to comply with an invitation by the court to give written notice of an intention to defend the case. Under Article 3(2), the Regulation also applies to decisions delivered following challenges to judgments, court settlements or authentic instruments certified as European Enforcement Orders.

Money claims. Article 4(2) defines a ‘claim’ as a claim for payment of a specific sum of money that has fallen due or for which the due date is indicated in the judgment, court settlement or authentic instrument.

Judgment and authentic instrument. Under Article 4(1), a ‘judgment’ is any judgment given by a court or tribunal of a Member State, whatever it may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court. Under Article 4(3), an ‘authentic instrument’ is (a) a document formally drawn up or registered as an authentic instrument, the authenticity of which relates to the signature and the content of the instrument and has been established by a public authority or other authority empowered for that purpose by the Member State in which it originates, or (b) an arrangement relating to maintenance obligations concluded with administrative authorities or authenticated by them.

The States and the court involved. The ‘Member State of origin’ is the Member State in which the judgment has been given, the court settlement approved or concluded or the authentic instrument drawn up or registered, and is to be certified (Article 4(4)). The ‘Member State of enforcement’ is the Member State in which enforcement is sought (Article 4(5)). The ‘court of origin’ is the court or tribunal seised of the proceedings at the time of fulfilment of the conditions set out in Article 3(1)(a), (b) or (c) (Article 4(6)).

Getting the certificate in the Member State of origin (Articles 5 to 9 and 11; recital 20)

Under Article 6(1), a judgment on an uncontested claim delivered in a Member State shall, upon application at any time to the court of origin, be certified as a European Enforcement Order if: (a) the judgment is enforceable in the Member State of origin; (b) the judgment does not conflict with the rules on jurisdiction laid down in sections 3 and 6 of Chapter II of Regulation (EC) No 44/2001; and (c) where the claim is uncontested within the meaning of Article 3(1)(b) or (c), the court proceedings in the Member State of origin met the requirements set out in Chapter III.

The consumer condition (Article 6(1)(d)). Where a claim is uncontested within the meaning of Article 3(1)(b) or (c), it relates to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside that person's trade or profession, and the debtor is the consumer, the judgment must also have been given in the Member State of the debtor's domicile within the meaning of Article 59 of Regulation (EC) No 44/2001.

References to Regulation (EC) No 44/2001. Regulation (EU) No 1215/2012 repealed Regulation (EC) No 44/2001. Under Article 80 of Regulation (EU) No 1215/2012, references to the repealed Regulation are construed as references to Regulation (EU) No 1215/2012 and are read in accordance with the correlation table in its Annex III. In that table, Article 59 of Regulation (EC) No 44/2001 corresponds to Article 62 of Regulation (EU) No 1215/2012; Articles 8 to 14 of Regulation (EC) No 44/2001, which formed its Section 3 on insurance, correspond to Articles 10 to 16; and Article 22, which formed its Section 6 on exclusive jurisdiction, corresponds to Article 24. Those rules are explained in the guide to Brussels I bis jurisdiction.

Costs, parts of a judgment, form and language. Where a judgment includes an enforceable decision on the amount of costs related to the court proceedings, including the interest rates, it is certified also with regard to the costs, unless the debtor has specifically objected to the obligation to bear such costs in the course of the court proceedings, in accordance with the law of the Member State of origin (Article 7). If only parts of the judgment meet the requirements of the Regulation, a partial certificate is issued for those parts (Article 8). The certificate is issued using the standard form in Annex I (Article 9(1)) and in the language of the judgment (Article 9(2)).

What the certificate can and cannot do. Article 11 provides that the certificate takes effect only within the limits of the enforceability of the judgment. Where a certified judgment has ceased to be enforceable or its enforceability has been suspended or limited, a certificate indicating the lack or limitation of enforceability is issued, upon application at any time to the court of origin, using the standard form in Annex IV (Article 6(2)). Where a decision has been delivered following a challenge to a certified judgment, a replacement certificate is issued, upon application at any time and without prejudice to Article 12(2), using the standard form in Annex V, if that decision on the challenge is enforceable in the Member State of origin (Article 6(3)).

The creditor's choice. Recital 20 states that application for certification should be optional for the creditor, who may instead choose the system of recognition and enforcement under Regulation (EC) No 44/2001 or other Community instruments. Article 27 provides that the Regulation does not affect the possibility of seeking recognition and enforcement, in accordance with Regulation (EC) No 44/2001, of a judgment, a court settlement or an authentic instrument on an uncontested claim.

The minimum procedural standards (Articles 12 to 17; recitals 12 to 16)

Under Article 12(1), a judgment on a claim that is uncontested within the meaning of Article 3(1)(b) or (c) can be certified only if the court proceedings in the Member State of origin met the procedural requirements of Chapter III. Under Article 12(2), the same requirements apply to the issuing of a certificate or a replacement certificate under Article 6(3) for a decision following a challenge to a judgment where, at the time of that decision, the conditions of Article 3(1)(b) or (c) are fulfilled. Recital 13 states that any method of service based on a legal fiction as regards the fulfilment of those minimum standards cannot be considered sufficient for certification.

Service with proof of receipt (Article 13). The document instituting the proceedings or an equivalent document may have been served on the debtor by: (a) personal service attested by an acknowledgement of receipt, including the date of receipt, signed by the debtor; (b) personal service attested by a document signed by the competent person who effected the service stating that the debtor has received the document or refused to receive it without any legal justification, and the date of the service; (c) postal service attested by an acknowledgement of receipt including the date of receipt, signed and returned by the debtor; (d) service by electronic means such as fax or e-mail, attested by an acknowledgement of receipt including the date of receipt, signed and returned by the debtor; or (e) electronic means of service provided for in Articles 19 and 19a of Regulation (EU) 2020/1784. Point (e) was added by Article 18 of Regulation (EU) 2023/2844, which applies, under its Article 26(2), from 1 May 2025. Under Article 13(2), a summons to a court hearing may also have been served orally in a previous court hearing on the same claim and stated in the minutes of that hearing.

Service without proof of receipt by the debtor (Article 14). Service of the document instituting the proceedings or an equivalent document and any summons to a court hearing may also have been effected by: (a) personal service at the debtor's personal address on persons living in the same household as the debtor or employed there; (b) for a self-employed debtor or a legal person, personal service at the debtor's business premises on persons employed by the debtor; (c) deposit of the document in the debtor's mailbox; (d) deposit at a post office or with competent public authorities and the placing in the debtor's mailbox of written notification of that deposit, provided that the notification clearly states the character of the document as a court document or the legal effect of the notification as effecting service and setting in motion the running of time for the purposes of time limits; (e) postal service without proof pursuant to Article 14(3) where the debtor's address is in the Member State of origin; or (f) electronic means attested by an automatic confirmation of delivery, provided that the debtor has expressly accepted this method of service in advance.

Under Article 14(2), service under Article 14(1) is not admissible if the debtor's address is not known with certainty. Service under points (a) to (d) is attested by a document signed by the competent person indicating the method of service, the date of service and, where the document was served on a person other than the debtor, that person's name and relation to the debtor, or, for points (a) and (b), by an acknowledgement of receipt by the person served (Article 14(3)). Under Article 15, service under Articles 13 or 14 may also have been effected on a debtor's representative; recital 16 refers to situations where the debtor cannot represent himself in court, as in the case of a legal person, situations where a person to represent the debtor is determined by law, and situations where the debtor has authorised another person, in particular a lawyer, to represent him in the specific court proceedings.

Information about the claim (Article 16). The document instituting the proceedings or the equivalent document must have contained: (a) the names and the addresses of the parties; (b) the amount of the claim; (c) if interest is sought, the interest rate and the period for which interest is sought, unless statutory interest is automatically added to the principal under the law of the Member State of origin; and (d) a statement of the reason for the claim.

Information about how to contest (Article 17). The following must have been clearly stated in or together with that document or any summons to a court hearing: (a) the procedural requirements for contesting the claim, including the time limit for contesting it in writing or the time for the court hearing, as applicable, the name and address of the institution to which to respond or before which to appear, as applicable, and whether it is mandatory to be represented by a lawyer; and (b) the consequences of an absence of objection or default of appearance, in particular, where applicable, the possibility that a judgment may be given or enforced against the debtor and the liability for costs related to the court proceedings.

When the standards were not met: cure and review (Articles 18, 19 and 30)

Cure after the judgment (Article 18(1)). If the proceedings in the Member State of origin did not meet the requirements of Articles 13 to 17, the non-compliance is cured and the judgment may be certified if: (a) the judgment has been served on the debtor in compliance with Article 13 or Article 14; (b) it was possible for the debtor to challenge the judgment by means of a full review and the debtor was duly informed in or together with the judgment about the procedural requirements for such a challenge, including the name and address of the institution with which it must be lodged and, where applicable, the time limit for doing so; and (c) the debtor has failed to challenge the judgment in compliance with the relevant procedural requirements.

Cure through the debtor's conduct (Article 18(2)). If the proceedings did not comply with Article 13 or Article 14, the non-compliance is cured if it is proved by the conduct of the debtor in the court proceedings that the debtor personally received the document to be served in sufficient time to arrange for the defence.

Review in exceptional cases (Article 19). Further to Articles 13 to 18, a judgment can only be certified if the debtor is entitled, under the law of the Member State of origin, to apply for a review of the judgment where: (a) the document instituting the proceedings or an equivalent document or, where applicable, the summons to a court hearing was served by one of the methods in Article 14, and service was not effected in sufficient time to enable the debtor to arrange for the defence, without any fault on the debtor's part; or (b) the debtor was prevented from objecting to the claim by reason of force majeure, or due to extraordinary circumstances without any fault on the debtor's part, provided in either case that the debtor acts promptly. Under Article 19(2), the Article is without prejudice to the possibility for Member States to grant access to a review of the judgment under more generous conditions than those in Article 19(1).

Under Article 30(1)(a), the Member States notify the Commission of their procedures for rectification and withdrawal under Article 10(2) and for review under Article 19(1), and Article 30(2) requires the Commission to make that information publicly available through publication in the Official Journal of the European Union and through any other appropriate means.

Rectifying or withdrawing the certificate (Article 10)

Under Article 10(1), the certificate shall, upon application to the court of origin, be (a) rectified where, due to a material error, there is a discrepancy between the judgment and the certificate, or (b) withdrawn where it was clearly wrongly granted, having regard to the requirements laid down in the Regulation. The law of the Member State of origin applies to rectification and withdrawal (Article 10(2)), and the application may be made using the standard form in Annex VI (Article 10(3)).

Article 10(4) provides that no appeal lies against the issuing of a European Enforcement Order certificate. For a debtor, the Regulation provides for an application for rectification or withdrawal under Article 10, and, under Article 19, a judgment can only be certified if the debtor is entitled, under the law of the Member State of origin, to apply for a review in the cases it lists. Articles 6(3) and 23 also refer to a challenge to a certified judgment. Where the debtor has made such a challenge or an Article 10 application, Article 23 allows the competent court or authority in the Member State of enforcement, upon application by the debtor, to limit enforcement to protective measures, make it conditional on security or, under exceptional circumstances, stay it.

Enforcement in another Member State (Articles 20 to 23; recital 18)

Under Article 20(1), without prejudice to Chapter IV, the enforcement procedures are governed by the law of the Member State of enforcement, and a certified judgment is enforced under the same conditions as a judgment handed down in that Member State.

Documents (Article 20(2)). The creditor provides the competent enforcement authorities of the Member State of enforcement with: (a) a copy of the judgment which satisfies the conditions necessary to establish its authenticity; (b) a copy of the certificate which satisfies the same conditions; and (c) where necessary, a transcription of the certificate or a translation of it into the official language of the Member State of enforcement or, if there are several official languages, the official language or one of the official languages of court proceedings of the place where enforcement is sought, in conformity with the law of that Member State, or into another language that the Member State of enforcement has indicated it can accept. The translation is certified by a person qualified to do so in one of the Member States.

No security for being foreign (Article 20(3)). No security, bond or deposit, however described, is required of a party who applies in one Member State for enforcement of a certified judgment from another Member State on the ground that the party is a foreign national or is not domiciled or resident in the Member State of enforcement.

Refusal of enforcement (Article 21(1)). Enforcement shall, upon application by the debtor, be refused by the competent court in the Member State of enforcement if the certified judgment is irreconcilable with an earlier judgment given in any Member State or in a third country, provided that: (a) the earlier judgment involved the same cause of action and was between the same parties; (b) the earlier judgment was given in the Member State of enforcement or fulfils the conditions necessary for its recognition there; and (c) the irreconcilability was not and could not have been raised as an objection in the court proceedings in the Member State of origin.

No review of the substance (Article 21(2)). Under no circumstances may the judgment or its certification be reviewed as to their substance in the Member State of enforcement. Recital 18 links this to mutual trust: the court of one Member State assesses that all conditions for certification are fulfilled, without judicial review of the proper application of the minimum procedural standards in the Member State where the judgment is to be enforced. Article 22 (Agreements with third countries) provides that the Regulation does not affect agreements by which Member States undertook, before Regulation (EC) No 44/2001 entered into force and pursuant to Article 59 of the Brussels Convention, not to recognise certain judgments against defendants domiciled or habitually resident in a third country.

Stay or limitation (Article 23). Where the debtor has challenged a certified judgment, including by an application for review under Article 19, or has applied for rectification or withdrawal of the certificate under Article 10, the competent court or authority in the Member State of enforcement may, upon application by the debtor: (a) limit the enforcement proceedings to protective measures; (b) make enforcement conditional on the provision of such security as it determines; or (c) under exceptional circumstances, stay the enforcement proceedings.

Court settlements and authentic instruments (Articles 24 and 25)

Court settlements. Under Article 24(1), a settlement concerning a claim within the meaning of Article 4(2) which has been approved by a court or concluded before a court in the course of proceedings and is enforceable in the Member State in which it was approved or concluded shall, upon application to the court that approved it or before which it was concluded, be certified as a European Enforcement Order using the standard form in Annex II. Under Article 24(2), a certified settlement is enforced in the other Member States without the need for a declaration of enforceability and without any possibility of opposing its enforceability.

Authentic instruments. Under Article 25(1), an authentic instrument concerning a claim within the meaning of Article 4(2) which is enforceable in one Member State shall, upon application to the authority designated by the Member State of origin, be certified using the standard form in Annex III. Article 25(2) gives a certified authentic instrument the same effect as Article 24(2) gives a settlement. Under Article 30(1)(c), the Member States notify the Commission of the lists of the authorities referred to in Article 25.

Which rules apply to them. Articles 24(3) and 25(3) provide that the provisions of Chapter II, with the exception of Articles 5, 6(1) and 9(1), and of Chapter IV, with the exception of Articles 21(1) and 22, apply as appropriate. Article 12(1) applies the minimum standards of Chapter III to claims uncontested within the meaning of Article 3(1)(b) or (c); court settlements and authentic instruments fall under Article 3(1)(a) and (d), which refer to the debtor's express agreement.

Maintenance. Article 68(2) of Regulation (EC) No 4/2009 provides that it replaces, in matters relating to maintenance obligations, Regulation (EC) No 805/2004, except with regard to European Enforcement Orders on maintenance obligations issued in a Member State not bound by the 2007 Hague Protocol. See the guide to cross-border maintenance claims.

How it compares with Brussels I bis, the Order for Payment and Small Claims (Articles 27 and 28)

Brussels I bis. Regulation (EU) No 1215/2012 applies to legal proceedings instituted, to authentic instruments formally drawn up or registered and to court settlements approved or concluded on or after 10 January 2015 (Article 66(1)). Under its Article 39, a judgment given in a Member State which is enforceable there is enforceable in the other Member States without any declaration of enforceability being required, and its Article 42(1) requires the applicant to provide the competent enforcement authority with a copy of the judgment and the certificate issued pursuant to its Article 53. One difference lies in the debtor's defences: under Article 46 of that Regulation, enforcement is refused on the application of the person against whom enforcement is sought where one of the grounds in its Article 45 is found to exist, the first of which, in Article 45(1)(a), is that recognition is manifestly contrary to public policy (ordre public) in the Member State addressed. Under Regulation (EC) No 805/2004, Article 5 excludes any possibility of opposing recognition of a certified judgment, and the ground for refusal in Article 21(1) is irreconcilability with an earlier judgment.

European Order for Payment. Regulation (EC) No 1896/2006 creates a procedure that the creditor starts: its purpose under Article 1(1)(a) is to simplify, speed up and reduce the costs of litigation in cross-border cases concerning uncontested pecuniary claims by creating a European order for payment procedure. It applies to civil and commercial matters in cross-border cases (Article 2(1)), which Article 3(1) defines as cases in which at least one of the parties is domiciled or habitually resident in a Member State other than the Member State of the court seised, and it is established for pecuniary claims for a specific amount that have fallen due when the application is submitted (Article 4). A European order for payment that has become enforceable in the Member State 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 (Article 19). The European Enforcement Order, by contrast, is a judgment, court settlement or authentic instrument that already exists in the Member State of origin and is certified there as a European Enforcement Order (Articles 5, 6(1), 24(1) and 25(1)); the certificate itself is a separate document issued on a standard form (Articles 9(1) and 20(2)(b)).

European Small Claims Procedure. Regulation (EC) No 861/2007 establishes a European procedure for small claims in cross-border cases (Article 1), available where the value of the claim does not exceed the ceiling set in its Article 2(1). Both procedures are explained in the guide to the European Order for Payment and Small Claims Procedure.

Service of documents. Article 28 provides that Regulation (EC) No 805/2004 does not affect the application of Regulation (EC) No 1348/2000 on service of documents, and point (e) of Article 13(1) now refers to Regulation (EU) 2020/1784. The guide on being served with court papers from another EU country explains that Regulation.

Practical steps for creditors and for debtors

1. Check the matter and the title. Is it a civil or commercial matter (Article 2(1)) not excluded by Article 2(2)? Is the title a judgment of a court of a Member State other than Denmark, a court settlement or an authentic instrument (Articles 2(3), 3(1), 4(1) and 4(3)), given, approved, concluded or drawn up or registered after the Regulation entered into force (Article 26)?

2. Check that the claim fits. It must be a claim for payment of a specific sum of money that has fallen due or whose due date is indicated in the title (Article 4(2)), and it must be uncontested in one of the four ways in Article 3(1).

3. If the debtor never objected or, after initially objecting, did not appear (Article 3(1)(b) or (c)), check the file of the proceedings. How was the document instituting the proceedings served (Articles 13 and 14)? Did it contain the information required by Articles 16 and 17? If not, does Article 18 cure the defect? Is the debtor entitled, under the law of the Member State of origin, to apply for the review in Article 19?

4. Consumer debtors. Where the claim is uncontested under Article 3(1)(b) or (c), relates to a consumer contract and the debtor is the consumer, check that the judgment was given in the Member State of the debtor's domicile (Article 6(1)(d)).

5. Apply for the certificate. A judgment is certified upon application at any time to the court of origin (Article 6(1)); a settlement by the court that approved it or before which it was concluded (Article 24(1)); an authentic instrument by the authority designated by the Member State of origin (Article 25(1)). Check the costs (Article 7) and whether only part of the judgment qualifies (Article 8).

6. Prepare the enforcement file. A copy of the judgment and a copy of the certificate, each satisfying the conditions necessary to establish its authenticity, and, where necessary, a transcription or a certified translation (Article 20(2)). The enforcement steps themselves follow the law of the Member State of enforcement (Article 20(1)).

7. If you are the debtor. In the Member State of origin, look at rectification or withdrawal of the certificate (Article 10) and at the review under Article 19, which requires you to act promptly. In the Member State of enforcement, look at refusal for an irreconcilable earlier judgment (Article 21(1)) and, where you have challenged the judgment or applied under Article 10, at an application under Article 23, on which the competent court or authority may limit enforcement to protective measures, make it conditional on security or, under exceptional circumstances, stay it.

8. Consider the alternatives. The creditor may instead use the system of recognition and enforcement in Brussels I bis (recital 20; Article 27; Article 80 of Regulation (EU) No 1215/2012). Where no title exists yet, the European Order for Payment or the Small Claims Procedure may be relevant; freezing bank accounts is the subject of a separate instrument, explained in the guide on the European Account Preservation Order.

Frequently asked questions

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