Cross Border Enforcement of Claims in the EU: History, Present Time, and Future (European Monographs Series)
Publisher: Kluwer Law International (March 13, 2009)
Format: PDF / Kindle / ePub
Size: 8.6 MB
Downloadable formats: PDF
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;
- 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.