Abolition of The Exequatur Procedure in Civil and Commercial Matters in Accordance with Regulation 805/2004 of The European Union

Authors : Dijana Gjorgieva, Jordan Delev

Pages : 1-12

Doi:10.5281/zenodo.15691740

View : 34 | Download : 0

Publication Date : 2025-06-18

Article Type : Research Paper

Abstract :The exequatur procedure is a mechanism of international civil and commercial procedural law according to which a foreign enforceable title must be declared enforceable in the Member State in which enforcement is sought before it can be subject to enforcement. Given the fact that it is indeed illogical to grant enforceability and refuse recognition of a foreign enforceable title, especially if it concerns an uncontested claim (which can more can less!!!), the civil and commercial law of the European Union is fighting for the abolition of exequatur. This is because exequatur is an intermediate procedure, between the cognizance procedure for the adoption of a judgment and the enforcement procedure, which slows down the free movement of judgements in the European Union. The abolition of the exequatur procedure deserves full approval because in this way the risk of late settlement of creditors` claims is reduced, and this improves the liquidity of small and medium-sized enterprises in the European Union if they have outstanding but overdue claims as creditors. It is for this reason that the subject of analysis of this paper are the steps that the civil and commercial procedural law of the European Union has taken to eliminate exequatur, as well as the benefits for small and medium-sized enterprises from the elimination of exequatur, primarily in terms of faster payment of claims.
Keywords : European Union law, national enforcement titles, exequatur procedure, European enforcement order, small and medium-sized enterprises

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