Article 42 – Documents for Enforcement
Section: Chapter III - Recognition and Enforcement - Section 2 Enforcement
Category: Enforcement
Content
1. For the purposes of enforcement in a Member State of a judgment given in another Member State, the applicant shall provide the competent enforcement authority with:
(a) a copy of the judgment which satisfies the conditions necessary to establish its authenticity; and
(b) the certificate issued pursuant to Article 53, certifying that the judgment is enforceable and containing an extract of the judgment as well as, where appropriate, relevant information on the recoverable costs of the proceedings and the calculation of interest.
2. For the purposes of enforcement in a Member State of a judgment given in another Member State ordering a provisional, including a protective, measure, the applicant shall provide the competent enforcement authority with:
(a) a copy of the judgment which satisfies the conditions necessary to establish its authenticity;
(b) the certificate issued pursuant to Article 53, containing a description of the measure and certifying that:
(i) the court has jurisdiction as to the substance of the matter;
(ii) the judgment is enforceable in the Member State of origin; and
(c) where the measure was ordered without the defendant being summoned to appear, proof of service of the judgment.
3. The competent enforcement authority may, where necessary, require the applicant to provide, in accordance with Article 57, a translation or a transliteration of the contents of the certificate.
4. The competent enforcement authority may require the applicant to provide a translation of the judgment only if it is unable to proceed without such a translation.
Related Topics
- Documents
- Certificate
- Translation
- Provisional Measures
Related Cases
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