Enforcement in EU countries

Scotland EU Countries

Uncontested Claims

EC Regulation No 805/2004 provided a method whereby enforcement can be effected where a claim has been uncontested. Uncontested means either there has been an express admission of liability or there has been no objection or defence stated. In Scotland this would generally apply to undefended actions.

Application for a European Enforcement order is made to the court issuing the judgement, namely either the Sheriff Court or Court of Session Service of the judgment on the debtor is required before the Certificate is issued and we can undertake this on your behalf.

Once registered the relevant application must be made to the relevant country in which enforcement is to be executed. This will vary from country to country. Further information can be found at the European Judicial Network

These regulations do not apply to certain types of actions and there are other restrictions on their availability. This is not a definitive statement of the law and you should satisfy yourself as to the requirements of the regulations or take appropriate legal advice. We are able to offer information and advice on these matters.

*These regulations do not apply to Denmark.

Non-Uncontested Claims

Where a European Enforcement Order is not applicable, application has to made to the Sheriff Court or Court of Session as applicable for a certificate of judgment. Once that certificate has been issued the procedure will depend on the country in which enforcement is to proceed.

Further information can be found at the European Judicial Network

These regulations do not apply to certain types of actions and there are other restrictions on their availability. This is not a definitive statement of the law and you should satisfy yourself as to the requirements of the regulations or take appropriate legal advice. We are able to offer information and advice on these matters.

*These regulations do not apply to Denmark.

EU Countries Scotland

Uncontested cases

Application requires to be made to the court that issued the uncontested judgement. Further details can be found at the European Judicial Network

Once a European Enforcement Order has been obtained, to enable enforcement to proceed it must be registered in the Registers of Scotland. Registration can be effected by sending the European Enforcement Order to;

The Keeper
Registers of Scotland
Meadowbank House
153 London Road
Edinburgh
EH8 7AU
tel.: 0131 659 6111

A fee will be payable for registration although this is recoverable from the debtor. We can arrange registration on your behalf. Once registered, the order is equivalent to a decree granted by a Scottish Court and enforcement would follow normal Scottish Procedures. Guidance on the options available can be found at (link to be added.)

Non-uncontested cases

Where a European Enforcement Order is not applicable, application has to made to the court that issued the judgment for a certificate of judgment. Once that certificate has been issued the procedure will depend on the country in which the judgment was first obtained.

Further information can be found at the European Judicial Network

Once a Certificate of Judgment has been obtained, to enable enforcement to proceed it must be registered in the Registers of Scotland. Registration can be effected by sending the European Enforcement Order to;

The Keeper
Registers of Scotland
Meadowbank House
153 London Road
Edinburgh
EH8 7AU
tel.: 0131 659 6111

A fee will be payable for registration although this is recoverable from the debtor. We can arrange registration on your behalf. Once registered, the order is equivalent to a decree granted by a Scottish Court and enforcement would follow normal Scottish Procedures. Guidance on the options available can be found at (link to be added.

These regulations do not apply to certain types of actions and there are other restrictions on their availability. This is not a definitive statement of the law and you should satisfy yourself as to the requirements of the regulations or take appropriate legal advice. We are able to offer information and advice on these matters.

*These regulations do not apply to Denmark.

EU Matrimonial cases/EU Cases not covered by regulations.

Special rules apply to Judgments in matrimonial matters and the procedure is regulated by by EU Regulation 2201/2003. Information can again be found at the European Judicial Network Procedures are similar to those for enforcing decrees for payment. Contact Us for further information or for information on cases not covered by the regulations mentioned on this site.