Translation of "Entscheidung erwirken" in English

A party seeking enforcement of a judgment shall produce:

The former presupposes the delivery of a decision and concerns the access to enforcement in another Member State whereas the latter relates to the access to justice in order to obtain a decision regardless of whether it has to be enforced abroad.

This can generate conflicting judgments where different courts are recognised as having jurisdiction, and in some cases it can be impossible for the parties to obtain a judgment if no court accepts the jurisdiction.

This implies making it possible for the creditor to obtain a decision enforceable throughout the territory of the European Union which could then benefit from a simple and harmonised enforcement system.

Furthermore, the creditor should be required in all situations, including when he has already obtained a judgment, to demonstrate to the satisfaction of the court that his claim is in urgent need of judicial protection and that, without the Order, the enforcement of the existing or a future judgment may be impeded or made substantially more difficult because there is a real risk that, by the time the creditor is able to have the existing or a future judgment enforced, the debtor may have dissipated, concealed or destroyed his assets or have disposed of them under value, to an unusual extent or through unusual action.

The obstacles to obtaining a fast and inexpensive judgment are clearly intensified in a cross-border context.

The parties to a case might elect to go to the authorities of different States to obtain a judgment.

A maintenance creditor should be able to obtain easily, in a Member State, a decision which will be automatically enforceable in another Member State without further formalities.

The obstacles to obtaining a fast and inexpensive judgment are intensified in cross-border cases.

It should be made possible for a maintenance creditor to obtain easily, in a Member State, a decision which will be automatically enforceable in any other Member State and the enforcement of which will be simplified and accelerated.

As regards judgments on the merits, there is another question: should the authorities responsible for cooperation provide assistance to debtors who wish to obtain a modification of an earlier judgment.

The purpose of this Regulation is to ensure that a maintenance creditor is able easily to obtain in one Member State a decision which will be automatically enforceable in another Member State with no further formalities.

Where there is no provision for provisional enforcement, it is sometimes possible for the creditor to obtain a provisional decision applicable from the beginning of the procedure until the judgment on the merits has become final.

Central Authorities must, for example, collect and exchange information on the situation of the child (for instance in connection with custody or child return proceedings), assist holders of parental responsibility to have their judgments recognised and enforced (in particular concerning access rights and the return of the child) and facilitate mediation.

Also, significant differences exist between Member States with regard to the assistance provided by Central Authorities to holders of parental responsibility that seek enforcement of access rights judgments.

The party seeking the refusal of enforcement of a decision given in another Member State shall not be required to have a postal address in the Member State of enforcement.

If the plaintiff wants to obtain an enforceable decision he has to continue his efforts in ordinary civil proceedings.

Court of Justice commence proceedings constitutes an indispensable step for the purpose of obtaining a binding judgment but it does not per se determine denitively the obligations of the parties to the case and therefore does not in itself alter the legal position in question.

The Ombudsman notes that the Commission’s Communication does not expressly provide that unsuccessful tenderers and candidates shall be informed of the possibility to bring judicial proceedings to challenge an award decision and to have that decision set aside before the relevant contract is signed.

The Commission is convinced that these proposals are a vital contribution to improving the Community decision-making process, and hopes that they will shortly be supported by Parliament, and I take this occasion to request that support.

Accordingly, the affected public has now been granted rights for environmental or public-health purposes, such as the right to appeal a negative conclusion to the screening procedure according to which the project in question requires no EIA report, and the right to file court action aimed at quashing such a decision.

By stating that he will not attend oral proceedings and by requesting a decision on the record, the appellant/applicant unequivocally expressed that he was interested in an immediate decision on the file as stood and that he did not wish to present his arguments orally in the requested oral proceedings (T 1482/05).

Where no decision on the right of access has been taken or where recognition or enforcement of the decision relating to custody is refused, the central authority of the State addressed may apply to its competent authorities for a decision on the right of access, if the person claiming a right of access so requests.

Regardless of whether a substantial procedural violation had occurred or not, the appellant had had to appeal in order to obtain a reversal of the first-instance decision.