Commission Regulation (EC) No 1869/2005 of 16 November 2005 replacing the Annexes to Regulation (EC) No 805/2004 of the European Parliament and of the Council creating a European Enforcement Order for uncontested claims

17.11.2005	EN	Official Journal of the European Union	L 300/6

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims ¹, and in particular Article 31 thereof,

After consulting the Committee established by Article 32 of Regulation (EC) No 805/2004,

Whereas:

• (1) Annexes I to VI to Regulation (EC) No 805/2004 contain a series of standard forms to be used in the context of the European Enforcement Order procedure for uncontested claims.

• (2) Following the accession of new Member States on 1 May 2004, Annexes I to VI to Regulation (EC) No 805/2004 should be replaced so as to adapt the standard forms for use in the new Member States.

• (3) Regulation (EC) No 805/2004 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I to VI to Regulation (EC) No 805/2004 are replaced by the corresponding Annexes to this Regulation.

Article 2

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 16 November 2005.

For the Commission

Franco FRATTINI

Vice-President

ANNEX I

Image omitted; see official source

Text of image

EUROPEAN ENFORCEMENT ORDER CERTIFICATE — JUDGMENT

Austria Poland Portugal Slovakia Slovenia Finland

Sweden United Kingdom

2.1. Name:

2.2. Address:

2.3. Tel./fax/e-mail:

3.1. Name:

3.2. Address:

3.3. Tel./fax/e-mail:

4.1. Date:

4.2. Reference number:

4.3. The parties:

4.3.1. Name and address of creditor(s):

4.3.2. Name and address of debtor(s):

5.1. Principal amount:

5.1.1. Currency:

Euro

Pound sterling

Maltese lira

Slovenian tolar other (explain)

Cyprus pound

Hungarian forint

Polish zloty

Czech koruna

Lithuanian litas

Swedish kronor

Estonian kroon

Latvian lats

Slovak koruna

5.1.2. If the claim is for periodical payments

5.1.2.1. Amount of each instalment:

5.1.2.2. Due date of first instalment:

5.1.2.3. Due dates of following instalments

weekly monthly other (explain)

5.1.2.4. Period of the claim

5.1.2.4.1. Currently indefinite or

5.1.2.4.2. Due date of last instalment:

Image omitted; see official source

Text of image

5.2. Interest

5.2.1. Interest rate

5.2.1.1. … % or

5.2.1.2. … % above the base rate of the ECB (¹)

5.2.1.3. Other (explain)

5.2.2. Interest to be collected as from:

5.3. Amount of reimbursable costs if specified in the judgment:

Yes No

Yes No

10.1. If yes:

The debtor is the consumer

Yes No

10.2. If yes:

The debtor is domiciled in the Member State of origin (within the meaning of Article 59 of Regulation (EC) No 44/2001)

Yes No

11.1. Service was effected in compliance with Article 13

or service was effected in compliance with Article 14

or it is proved in accordance with Article 18(2) that the debtor has received the document

11.2. Due information

The debtor was informed in compliance with Articles 16 and 17

Yes No

(¹) Interest rate applied by the European Central Bank to its main refinancing operations.

Image omitted; see official source

Text of image

12.1. Service was effected in compliance with Article 13

or service was effected in compliance with Article 14

or it is proved in accordance with Article 18(2) that the debtor has received the summons

12.2. Due information

The debtor was informed in compliance with Article 17

13.1. Service of the judgment was effected in compliance with Article 13

or service of the judgment was effected in compliance with Article 14

or it is proved in accordance with Article 18(2) that the debtor has received the judgment

13.2. Due information

The debtor was informed in compliance with Article 18(1)(b)

13.3. It was possible for the debtor to challenge the judgment

Yes No

13.4. The debtor failed to challenge the judgment in compliance with the relevant procedural requirements

Yes No Done at Date

Signature and/or stamp

ANNEX II

Image omitted; see official source

Text of image

EUROPEAN ENFORCEMENT ORDER CERTIFICATE — COURT SETTLEMENT

Austria Poland Portugal Slovakia Slovenia Finland

Sweden United Kingdom

2.1. Name:

2.2. Address:

2.3. Tel./fax/e-mail:

3.1. Name:

3.2. Address:

3.3. Tel./fax/e-mail:

4.1. Date:

4.2. Reference number:

4.3. The parties

4.3.1. Name and address of creditor(s):

4.3.2. Name and address of debtor(s):

5.1. Principal Amount:

5.1.1. Currency:

Euro

Pound sterling

Maltese lira

Slovenian tolar other (explain)

Cyprus pound

Hungarian forint

Polish zloty

Czech koruna

Lithuanian litas

Swedish kronor

Estonian kroon

Latvian lats

Slovak koruna

5.1.2. If the claim is for periodical payments

5.1.2.1. Amount of each instalment:

5.1.2.2. Due date of first instalment:

5.1.2.3. Due dates of following instalments

weekly monthly other (explain)

5.1.2.4. Period of the claim

5.1.2.4.1. Currently indefinite or

5.1.2.4.2. Due date of last instalment:

Image omitted; see official source

Text of image

5.2. Interest

5.2.1. Interest rate

5.2.1.1. … % or

5.2.1.2. … % above the base rate of the ECB (¹)

5.2.1.3. Other (explain)

5.2.2. Interest to be collected as from:

5.3. Amount of reimbursable costs if specified in the court settlement:

Signature and/or stamp

(¹) Interest rate applied by the European Central Bank to its main refinancing operations.

ANNEX III

Image omitted; see official source

Text of image

EUROPEAN ENFORCEMENT ORDER CERTIFICATE — AUTHENTIC INSTRUMENT

Austria Poland Portugal Slovakia Slovenia Finland

Sweden United Kingdom

2.1. Name:

2.2. Address:

2.3. Tel./fax/e-mail:

3.1. Name:

3.2. Address:

3.3. Tel./fax/e-mail:

4.1. Date:

4.2. Reference number:

4.3. The parties

4.3.1. Name and address of creditor(s):

4.3.2. Name and address of debtor(s):

5.1. Principal Amount:

5.1.1. Currency:

Euro

Pound sterling

Maltese lira

Slovenian tolar other (explain)

Cyprus pound

Hungarian forint

Polish zloty

Czech koruna

Lithuanian litas

Swedish kronor

Estonian kroon

Latvian lats

Slovak koruna

5.1.2. If the claim is for periodical payments

5.1.2.1. Amount of each instalment:

5.1.2.2. Due date of first instalment:

5.1.2.3. Due dates of following instalments

weekly monthly other (explain)

5.1.2.4. Period of the claim

5.1.2.4.1. Currently indefinite or

5.1.2.4.2. Due date of last instalment:

Image omitted; see official source

Text of image

5.2. Interest

5.2.1. Interest rate

5.2.1.1. … % or

5.2.1.2. … % above the base rate of the ECB (¹)

5.2.1.3. Other (explain)

5.2.2. Interest to be collected as from:

5.3. Amount of reimbursable costs if specified in the authentic instrument:

Signature and/or stamp

(¹) Interest rate applied by the European Central Bank to its main refinancing operations.

ANNEX IV

Image omitted; see official source

Text of image

CERTIFICATE OF LACK OR LIMITATION OF ENFORCEABILITY

(Article 6(2))

Austria Poland Portugal Slovakia Slovenia Finland

Sweden United Kingdom

2.1. Name:

2.2. Address

2.3. Tel./fax/e-mail:

3.1. Name:

3.2. Address:

3.3. Tel./fax/e-mail:

4.1. Date:

4.2. Reference number:

4.3. The parties

4.3.1. Name and address of creditor(s):

4.3.2. Name and address of debtor(s):

5.1. the judgment/Court settlement/Authentic instrument (*) is no longer enforceable

5.2. Enforcement is temporarily

5.2.1. stayed

5.2.2. limited to protective measures

5.2.3. conditional upon the provision of a security which is still outstanding

5.2.3.1. Amount of the security:

5.2.3.2. Currency:

Euro

Pound sterling

Maltese lira

Slovenian tolar other (explain)

Cyprus pound

Hungarian forint

Polish zloty

Czech koruna

Lithuanian litas

Swedish kronor

Estonian kroon

Latvian lats

Slovak koruna

5.2.4. Other (explain) Done at Date

Signature and/or stamp

(*) Delete as appropriate.

ANNEX V

Image omitted; see official source

Text of image

EUROPEAN ENFORCEMENT ORDER REPLACEMENT CERTIFICATE FOLLOWING A CHALLENGE

(Article 6(3))

A. The following judgment/court settlement/authentic instrument (*) certified as a European Enforcement Order was challenged

Austria Poland Portugal Slovakia Slovenia Finland

Sweden United Kingdom

2.1. Name:

2.2. Address:

2.3. Tel./fax/e-mail:

3.1. Name:

3.2. Address:

3.3. Tel./fax/e-mail:

4.1. Date:

4.2. Reference number:

4.3. The parties

4.3.1. Name and address of creditor(s):

4.3.2. Name and address of debtor(s):

B. Upon that challenge the following decision has been handed down and is hereby certified as a European Enforcement Order replacing the original European Enforcement Order.

1.1. Name:

1.2. Address:

1.3. Tel./fax/e-mail:

2.1. Date:

2.2. Reference number:

3.1. Principal amount

(*) Delete as appropriate.

Image omitted; see official source

Text of image

3.1.1. Currency:

Euro

Pound sterling

Maltese lira

Slovenian tolar other (explain)

Cyprus pound

Hungarian forint

Polish zloty

Czech koruna

Lithuanian litas

Swedish kronor

Estonian kroon

Latvian lats

Slovak koruna

3.1.2. If the claim is for periodic payments

3.1.2.1. Amount of each instalment:

3.1.2.2. Due date of first instalment:

3.1.2.3. Due dates of following instalments

weekly monthly other (explain)

3.1.2.4. Period of the claim

3.1.2.4.1. Currently indefinite or

3.1.2.4.2. Due date of last instalment:

3.2. Interest

3.2.1. Interest rate

3.2.1.1. … % or

3.2.1.2. … % above the base rate of the ECB

3.2.1.3. Other (explain)

3.2.2. Interest to be collected as from:

3.3. Amount of reimbursable costs if specified in the decision:

Yes No

Yes No

7.1. If yes:

The debtor is the consumer

Yes No

7.2. If yes:

The debtor is domiciled in the Member State of origin in the meaning of Article 59 of Regulation (EC) No 44/2001

Yes No

Image omitted; see official source

Text of image

If yes:

8.1. Service of the document instituting the challenge.

Did the creditor lodge the challenge?

Yes No

If yes:

8.1.1. Service was effected in compliance with Article 13

or service was effected in compliance with Article 14

or it is proved in accordance with Article 18(2) that the debtor has received the document

8.1.2. Due information

The debtor was informed in compliance with Articles 16 and 17

8.2. Service of summons, where applicable

Yes No

If yes:

8.2.1. Service was effected in compliance with Article 13

or service was effected in compliance with Article 14

or it is proved in accordance with Article 18(2) that the debtor has received the summons

8.2.2. Due information

The debtor was informed in compliance with Article 17

8.3. Cure of non-compliance with procedural minimum standards pursuant to Article 18(1)

8.3.1. Service of the decision was effected in compliance with Article 13

or Service of the decision was effected in compliance with Article 14

or it is proved in accordance with Article 18(2) that the debtor has received the decision

8.3.2. Due information

The debtor was informed in compliance with Article 18(1)(b) Done at Date

Signature and/or stamp

ANNEX VI

Image omitted; see official source

Text of image

APPLICATION FOR RECTIFICATION OR WITHDRAWAL OF THE EUROPEAN ENFORCEMENT ORDER CERTIFICATE

(Article 10(3))

THE FOLLOWING EUROPEAN ENFORCEMENT ORDER CERTIFICATE

Austria Poland Portugal Slovakia Slovenia Finland

Sweden United Kingdom

2.1. Name:

2.2. Address:

2.3. Tel./fax/e-mail:

3.1. Name:

3.2. Address:

3.3. Tel./fax/e-mail:

4.1. Date:

4.2. Reference number:

4.3. The parties

4.3.1. Name and address of creditor(s):

4.3.2. Name and address of debtor(s):

HAS TO BE

6.1. the certified judgment was related to a consumer contract but was given in a Member State where the consumer is not domiciled within the meaning of Article 59 of Regulation (EC) No 44/2001

6.2. the European Enforcement Order certificate was clearly wrongly granted for another reason (explain) Done at Date

Signature and/or stamp

(*) Delete as appropriate.