Cross-border Enforcement of Claims in the EU; History, Present Time and Future

European Monographs Volume 65

The new edition of Cross- Border Enforcement of Claims in the EU. History,
Present Time and Future seeks to bring clarity to the legal options available
to those seeking an enforceable cross border title of execution and recovering
claims in the event of non-payment by the debtor.

The complexity of this area is due to the differences between national
enforcement systems and the level of efficient legal cooperation between the
EU Member States. Mikael Berglund provides expert guidance to the solutions
available with individual chapters on the enforcement and recovery agents for
each country, and in-depth discussion of relevant EU Law and Conventions. The
second edition of Cross- Border Enforcement of Claims in the EU. History,
Present Time and Future facilitates an in-depth understanding describing the
background to the available remedies and includes commentary on works in
progress highlighting developmental trends in this field.

Cross- Border Enforcement of Claims in the EU. History, Present Time and
Future – second edition is exceptional for its depth and breadth of coverage
of the provisions of applicable legal instruments and case law at every level,
including ECHR and ECJ level. This coverage combined with the insightful
commentary will consolidate and enhance your understanding.

The second edition of Cross- Border Enforcement of Claims in the EU. History,
Present Time and Future provides detailed examination of the following areas:

• the debtor’s privacy interest, the creditor's efficiency interest, legal
  principles of non-discrimination, proportionality,
  

• territoriality, universality, and mutuality;
  

• the role of regulated enforcement and recovery agents;
  

• a foreign State’s immunity against civil execution measures;
  

• recognition and enforceability of titles of execution;
  

• interim measures;
  

• grounds of non-recognition or refusal and other obstacles to enforcement or
  recovery;
  

• periods of limitation;
  

• enforcement of a contested claim;
  

• appeals;
  

• costs and repayment;
  

• referral provisions to national laws;
  

• access to information for enforcement purposes in the international context;
  

• the possible alternative to cross border enforcement of claims, international
  insolvency;
  

• disqualification orders for non-serious or illegal business activity
  

Extensive coverage of applicable legal instruments includes the Brussels I
Regulation, the European Enforcement Order for Uncontested Claims, the
European Order for Payment Procedure, the European Small Claims Procedure, the
Nordic Convention on Recognition and the Enforcement of Judgments in Civil
Matters, the New York Convention on Foreign Arbitral Awards, the European
Convention on Human Rights, the European State Immunity Convention, and the
Vienna Conventions on Diplomatic and Consular Relations, as well as EC law on
tax claims, the Recovery Directive, the OECD Convention on Mutual
Administrative Assistance in Tax Matters, the Nordic Agreement on Assistance
in Tax Matters, and EC lawandconventions on insolvency.