Full Description
How to choose the most beneficial enforcement regime for cross-border claims of a client? A question considerably complicated by (1) the existence of various European Union enforcement tools and (2) particularities in the national legal systems that impact on the operation and suitability of the various enforcement tools.
This book compares and analyses the practical utility and potential pitfalls of the 2nd generation regulations (European Enforcement Order, European Order for Payment, European Small Claims Procedure and European Account Preservation Order) and their relation to Brussels Ibis. Further, it analyses whether and to what extent all of the 2nd generation EU regulations prove their worth in the cross-border enforcement of claims, and which measures can be recommended for their practical improvement and for achieving greater consistency in European enforcement law.
The work is based on an extensive evaluation of case law (more than 500 published and unpublished judgments), empirical data (150 interviews with practitioners) and literature from eight Member States (Belgium, France, Germany, Italy, Luxembourg, The Netherlands, Poland, Spain) and the Court of Justice of the European Union. It provides an extensive and up-to-date picture of the cross-border enforcement of claims across Europe and is an important resource for academics and practitioners alike.
With contributions from Elena D'Alessandro (University of Torino), Samia Benaissa Pedriza (Complutense University, Madrid), Gilles Cuniberti (University of Luxembourg), Veerle Van Den Eeckhout (Max-Planck-Institute Luxembourg), Agnieszka Frackowiak-Adamska (University of Wroclaw), Jonathan Fitchen (University of Aberdeen), Fernando Gascon Inchausti (Complutense University, Madrid), Valeria Giugliano (University of Milan), Agnieszka Guzewicz (University of Wroclaw), Jan von Hein (University of Freiburg), Burkhard Hess (Max Planck Institute Luxembourg), Stefan Huber (University of Tubingen), Tilman Imm (University of Freiburg), Xandra Kramer (University of Rotterdam), Thalia Kruger (University of Antwerp), Agnieszka Lewestam-Rodziewicz (University of Wroclaw), Gerald Masch (University of Munster), Johan Meeusen (University of Antwerp), Gabriele Molinaro (University of Milan), Elena Alina Ontanu (University of Rotterdam), Carmen Otero Garcia-Castrillon (Complutense University, Madrid), Fieke van Overbeeke (University of Antwerp), Max Peiffer (AssmannPeiffer Lawyers, Munich), Lidia Sandrini (University of Milan), Carlos Santalo Goris (Max-Planck-Institute Luxembourg), Bernhard Ulrici (University of Leipzig), Francesca Villata (University of Milan), Denise Wiedemann (Max-Planck-Institute Hamburg).
Contents
PART I. Introduction
Introduction: Practical Challenges and Research Aims (p. 1)
PART II. The Legal Bases for Cross-Border Enforcement in the EU
New Enforcement Regime under the Brussels Ibis Regulation: Does the Paradigm Shift Help Judgment Creditors? (p. 29)
European Enforcement Order (p. 51)
The European Order for Payment Procedure (p. 65)
The Reform of the European Small Claims Procedure: Foreign Body or Puzzle Piece within the System of European Civil Procedure? (p. 87)
The European Account Preservation Order (p. 103)
PART III. Empirical Data and Analysis
The Court of Justice of the European Union (p. 129)
Belgium (p. 163)
France (p. 191)
Germany (p. 213)
Italy (p. 247)
Luxembourg (p. 275)
The Netherlands (p. 303)
Poland (p. 337)
Spain (p. 361)
PART IV. Future Perspectives
Towards a More Coherent EU Framework for the Cross-Border Enforcement of Civil Claims (p. 387)
Making Cross-Border Enforcement More Effective for Creditors (p. 413)
Ensuring Adequate Protection in Cross-Border Enforcement for Debtors, Especially Consumers (p. 429)
Third State Relations and Cross-Border Enforcement after Brexit (p. 463)
Technological Progress and Alternatives to the Cross-Border Enforcement of Small Claims (p. 483)
Improving Access to Information in European Civil Justice: A Mission (Im)Possible? (p. 503)
PART V. Conclusions and Recommendations
Conclusions and Recommendations (p. 527)
