Jurisdiction(s):
European Union

Key definition

Enforcement definition

What does Enforcement mean? Enforcement is the practical process of making a court order, judgment, decree or arbitral award take effect when the party bound has not complied by the deadline. It involves applying for, and using, court-sanctioned measures to secure compliance or recover sums due, including where permission is required. The term is descriptive rather than a single statutory definition; the available remedies depend on the jurisdiction and the nature of the order. England and Wales: governed mainly by CPR Parts 70–73, including writ/warrant of control, third party debt orders, charging orders (and orders for sale), attachment of earnings, possession and delivery up, appointment...

European Enforcement Orders (Regulation (EC) 805/2004): debtor applications to challenge, stay or oppose enforcement, and to rectify or withdraw certificates, before the court of origin and enforcing court

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Practice notes

This Practice Note

This Practice Note examines the debtor’s position where a creditor seeks to enforce a judgment, court Settlement, or Authentic instrument concerning an uncontested claim under Regulation (EC) 805/2004—the European Enforcement Order Regulation (the EEO Regulation)—by relying on an EEO. References to “judgments” in this Note should be understood to include court settlements and authentic instruments. A core requirement for an EEO is that the claim was uncontested, as described in Recital (5) of the EEO Regulation: this covers situations where, after verified absence of any challenge by the debtor to the nature or amount of a pecuniary claim, the creditor has obtained either a court decision against the debtor or an enforceable document requiring the debtor’s express consent, whether a court settlement or an authentic document. Once a judgment is certified as an EEO, for enforcement it is treated as if issued by the courts of the Member State where enforcement is pursued. The enforcement procedure itself is then governed by the domestic law of that Member State (Article 20(1) and Recital 8 of the EEO Regulation). This Practice Note does not cover the...

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Thibault Boscart

Lydian

Thibault Boscart is a member of Lydian’s Commercial & Litigation practice. Thibault’s practice focuses on commercial law, ICT, TMT and data protection. He regularly assists clients in civil and commercial matters. Thibault is a member of the Dutch speaking section of the Brussels Bar....

Jo Willems

Lydian

Jo is a partner in the Commercial & Litigation practice.Jo specializes in commercial law and litigation and has extensive experience of acting for clients in strategically important disputes. He assists clients in corporate litigation as well as matters of distribution, product liability and professional indemnity. He is recommended in Legal 500 and Chambers.Jo has published several articles and regularly speaks at internal and external seminars.In 2005 Jo was admitted to the Brussels Bar and he is now a member of both the Brussels Bar and the Hasselt Bar, admitted to plead cases before all Belgian courts....

Web page updated on 21/05/2026

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