Translation of "Vollstreckbaren titel" in English

The proposed procedure should cover all situations in which a creditor, given the verifiable absence of any dispute by the debtor over the nature or extent of a pecuniary claim, has obtained either a court decision against that debtor or an enforceable document that requires the debtor’s express consent, be it a settlement approved by a court or an authentic instrument.

The concept of ‘uncontested claims’ should cover all situations in which a creditor, given the verifiable absence of any dispute by the debtor over the nature or extent of a pecuniary claim, has obtained either a court decision against that debtor or an enforceable document that requires the debtor’s express consent, be it a settlement approved by a court or an authentic instrument.

The conclusion of a contract shall not affect the right of the Commission to adopt a recovery decision, enforceable within the meaning of Article 256 of the Treaty, to obtain reimbursement of an amount due from a participant.

For the purposes of this Regulation, the notion of proceedings on the substance of the matter should cover any proceedings aimed at obtaining an enforceable title on the underlying claim including, for instance, summary proceedings concerning orders to pay and proceedings such as the French ‘procédure de référé’.

Rather, it is increasingly not the exception but the rule that in the verifiable absence of any dispute the creditor has to turn to the judiciary to attain an enforceable title allowing him to collect a claim by means of forced execution that the debtor is simply unwilling or unable to honour.

It should also be available to a claimant having already obtained a judgement or other enforceable title on the substance.

It should not be an enforceable title in its own right but should have an evidentiary effect and should be presumed to demonstrate accurately elements which have been established under the law applicable to the succession or under any other law applicable to specific elements, such as the substantive validity of dispositions of property upon death.

This proposal is designed to enable creditors who have obtained an enforceable judgment in respect of a pecuniary claim which has not been contested by the debtor to have it enforced directly in another Member State, so as to ensure the free circulation of judgments.

In contrast to the order for payment procedure which aims at producing an enforceable title for uncontested claims within a reasonable period of time (possibly by using data procession), the Small Claims procedure applies for claims which are contested by the defendant.

Providing the opportunity, subject to the rules of international jurisdiction, to obtain an enforceable title in the Member State where enforcement is sought through a harmonized payment order procedure would remove the need to cross a border for the purposes of enforcement altogether in a number of cases.

In the event of non-payment the Institution must give notice under the terms of the Treaty (letter based on Article 36) and issue an enforceable decision imposing financial sanctions (increases) (Article 92).

However, such relief could only be granted subject to satisfaction of the following conditions : first, that the attachment should be intended to provide security for a claim in respect of which the creditor could obtain a judgment enforceable in the Netherlands; secondly, that the debtor should not thereby be removed from the jurisdiction of the court which is competent in the substantive action ; and thirdly, that the sole purpose of the confirmation should be to enable the attachment to be transferred to the enforcement proceedings after the decision in the substantive action has been declared enforceable.

However, such relief could only be granted subject to satisfaction of the following conditions: first, that the attachment should be intended to provide security for a claim in respect of which the creditor could obtain a judgment enforceable in the Netherlands; secondly, that the debtor should not thereby be removed from the jurisdiction of the court which is competent in the substan­tive action; and thirdly, that the sole purpose of the confirmation should be to enable the attachment to be transferred to the enforcement proceedings after the decision in the substantive action has been declared enforceable.

It was a condi­tion of such an attachment, however, that the claimant should be able to obtain a judg­ment enforceable in the Netherlands for the claim in question.

It deferred judgment on that matter for six months in order to give the plaintiff an op­portunity to bring the main action in the appropriate court in the Federal Republic of Germany and thus secure a judgment enforceable in the Netherlands.

This is because the ongoing negotiations with different parties relating to an enforceable claim of HypoVereinsbank against Intertainment amounting to 10 million euros could not be concluded in time before the expiry of the insolvency deadline.

If the creditor has an enforceable title with regard to the debtor he may also attach claims to which the debtor is entitled (e.g. bank balances, wages, life insurance balances, outstanding payments for services rendered, rental income etc.).

Recovery orders by the Commission will be considered to be directly enforceable decisions pursuant to Article 256 of the Treaty establishing the European Community.

Pursuant to Article 256 of the Treaty, recovery orders shall be enforceable.

This Decision is enforceable pursuant to Article 192 of the EEC Treaty.

This Decision is enforceable pursuant to Article 192 of the EEC Treaty.

This Decision is enforceable pursuant to Article 192 of the EEC Treaty.

This Decision is enforceable pursuant to Article 192 of the EEC Treaty.

In the scope of the mediation no executory title can be attained.

These proceedings can lead to an enforceable title relatively quickly and efficiently.

Pursuant to Article 256 of the Treaty, recovery orders shall be enforceable.