Evaluation European Enforcement Order
News
Guest lecture International Commercial Courts Cyprus
Xandra Kramer gave a guest lecture on ‘International commercial courts: a game changer in international litigation?’ at the Neapolis University Pafos in Cyprus on 12 April 2024. She discussed the rise of international commercial courts in the Middle East and Europe, in the context of needs of international business, court specialisation and access to justice and in relation to international arbitration.
Focussing on key features of these courts she gave insights on the different courts, and in particular the Singapore and Netherlands Commercial Court. Highlighting some innovative features and the opportunities the Hague Judgments Convention of 2019 offers, she concluded that these courts have an effect on the international litigation market, but they have not triggered a huge shift from arbitration or other courts to these new business courts.
Published: February 1, 2021
The European Order for Payment Regulation became applicable in 2005 and aims to smoothen cross-border enforcement of debts. After the partial abolition of exequatur in the enforcement rules on parental responsibility in the Brussels II-bis Regulation, it was the first broad instrument to abolish intermediate proceedings for enforcement in civil and commercial matters as far is it concerns an uncontested claim. For that purpose it introduces a number of minimum norms of civil procedure, in particular on the service of documents and information. This instrument was followed by a number of other instruments, including the European order for payment procedure, the Small Claims procedure and the Account preservation order, that advanced the harmonisation of civil procedure and the abolition of exequatur. With the Brussels I-bis Regulation becoming applicable in 2015, the abolition of exequatur with the aim to simplify cross-border enforcement reached its momentum.
Fifteen years after the European Enforcement Order Regulation became applicable it was high time that the Regulation be evaluated. Xandra Kramer acted as national reporter for the Netherlands. In addition, she wrote a response to the public consultation on the request of the European Law Institute (here) and participated to an opinion of the EAPIL (here).
Apart from evaluating the overall functioning in the Member States, the question is also whether it is still a useful instrument considering the enactment of new instruments and the abolition of exequatur under Brussels I-bis. While it is still used in the Netherlands and part of the other Member States, the undesired multiplicity and incoherence of instruments in the area of European civil procedure coupled with the inherent complexity of the present Regulation cast doubt. While it has served its purpose in enhancing access to justice its value in the present European civil justice system is very limited.