The workshop "Circulation and enforcement of foreign decisions involving pecuniary debts" was held at UCM
1 JUN 2018 - 20:06 CET
The workshop "Circulation and enforcement of foreign decisions involving pecuniary debts" was held at the Board Room of the School of Law (Complutense University) on the 25th of May 2018:
OPENING ACT
Opening act. Speakers: Mr. José María Coello de Portugal Martínez del Peral and Mrs. Carmen Otero García-Castrillón.
Speaker: Mr. José María Coello de Portugal Martínez del Peral. Vice-Dean of International and Institutional Relations. School of Law. Complutense University of Madrid:
-After the disappearance of the III Pillar of the EU, the integration in judicial matters is more necessary than ever. The need to enforce European court decisions within the EU is a social necessity.
- The publication of Regulation 1215/2012 (Brussels I a) has been positive but insufficient.
Speaker: Mrs. Carmen Otero García-Castrillón. Principal researcher of the IC2BE project in Spain:
- Introduction of the IC2BE project and its relationship with the EUPILLAR project. IC2BE project aims at evaluating the practical application of the European legal instruments on the enforcement of foreign court decisions involving pecuniary debts.
- The elaboration of a jurisprudential database and the edition of a series of written publications that will disseminate the results of the IC2BE project are announced.
- We appreciate the collaboration of the REJUE (Spanish Judicial Network of International Judicial Cooperation) and the European Network of Lawyers of the Spanish Justice Administration.
- The Spanish IC2BE workshop goal is to raise awareness of the practical difficulties resulting from the application of the European legal instruments on the enforcement of foreign court decisions in Spain.
GENERAL FRAMEWORK: Regulation 1215/2012 (Brussels I a Regulation)
Speaker: Mr.Francisco Martín Mazuelos.
Speaker: Mr. Francisco Martín Mazuelos. President of Section no. 2 of the Court of appeal of Huelva. REJUE member:
- The Brussels I a Regulation types of judicial enforcement are exposed: enforcement in a EU Member State of a court decision issued by a Spanish judge and enforcement in Spain of a judgement issued by a European court. Regulation 1215/2012 establishes a specific procedure, but does not provide a direct enforcement of judgements.
- The remedies system provided by Brussels I a Regulation cause procedural delays in the enforcement of foreign court decisions within the EU.
- The problems of interpretation of the Brussels I a Regulation and the abundant jurisprudence of the Spanish Supreme Court on its application are mentioned.
EUROPEAN ENFORCEMENT ORDER FOR UNCONTESTED CLAIMS
Round table on the European Enforcement Order for Uncontested Claims. Speakers: Mrs. Ángeles Rodríguez Vázquez and Mrs. Mayte Echezarreta Ferrer.
Speaker: Mrs. Ángeles Rodríguez Vázquez. Professor of Private International Law. University of Sevilla.
- Regulation 805/2004 is effective for cases in which credits are uncontested by the debtor.
- Problems arise when interpreting the concept of "jurisdictional body". There are difficulties in equating notaries with the "jurisdictional bodies" referred to in Regulation 805/2004. The key is to guarantee the application of a contradictory procedure (something that does not happen in the case of notaries).
- CJEU jurisprudence is cited in order to clarify the concept of "uncontested credit" to which Regulation 805/2004 refers. This is an autonomous concept.
- Certification of court decisions: Regulation 805/2004 only establishes minimum procedural rules (in the absence of harmonization of internal procedural rules). The CJEU has ruled against the admission of edicts as a means of notification.
Speaker: Mrs. Mayte Echezarreta Ferrer. Professor of Private International Law. University of Málaga:
-The Spanish practice regarding the enforcement of foreign court decisions is reviewed. The legal reasons to fight against the enforcement of a foreign court decision in Spain are scarce. The reasons invoked by the parties to appeal against the enforcement of a foreign judgement are mostly rejected by the Spanish judges.
- The certification of foreign court decisions is rejected by the Spanish judges in a specific case: when the notification has been made through edicts.
EUROPEAN ACCOUNT PRESERVATION ORDER
Round table on the European Account Preservation Order. Speakers: Mrs.María Luisa Villamarín López and Mr. Ignacio López Chocarro.
Speaker:Mrs.María Luisa Villamarín López. Professor of Procedural Law. School of Law. Complutense University of Madrid:
-Regulation 655/2014 has partially solved the problems caused by the diversity of the existing procedural rules on the matter in each Member State. The forms of the Regulation are complete, didactic and favor a simplified management of procedures.
- Regulation 655/2014 has introduced a quick, simple and inexpensive procedure for the creditor. Its cost is equal to that of a national measure.
Speaker: Mr. Ignacio López Chocarro. Dean of the Associaton of Solicitors of Barcelona:
- Regulation 655/2014 works as a precautionary measure but Brussels I a Regulation continues to be more used: after 14 months since the entry into force of Regulation 655/2014, only six European account preservation orders have been requested in Spain.
- Although Regulation 655/2014 establishes that the European account preservation order procedure will last only the time necessary to enforce the judicial decision, in practice its duration is conditioned by the provisions of Spanish legislation (when Spain is the State of the enforcement).
- Regulation 655/2014 foresees a series of remedies that favor the debtor to the detriment of the creditor.
EUROPEAN SMALL CLAIMS PROCEDURE
Round table on the European Small Claims Procedure. Speakers: Mr.Miguel Álvaro Artola Fernández and Mr. Javier Casado Román.
Speaker: Mr. Miguel Álvaro Artola Fernández. Judge of the Court of appeal of Palma de Mallorca:
-The Regulation on the European Small Claims Procedure aims to speed up the collection of debts and reduce costs for companies operating in the internal market: for example, it is not necessary to translate documents that are not essential for the procedure and videoconferences are admitted.
- The courts competent to decide on the enforcement in Spain when this is the State of the enforcement are either the Courts of First Instance (“Juzgados de Primera Instancia e instrucción”) or the Courts on Commercial matters (“Juzgados de lo Mercantil”).
Speaker: Mr. Javier Casado Román. Lawyer of the Spanish Justice Administration:
- The European Small Claims Procedure and the European Order for Payment Procedure are facilitating cross-border pecuniary claims, although the former is limited to purely civil matters.
- Benefits of the European Small Claims Procedure: cost reduction, use of technical means (videoconferences, automatic translation of forms in the language of the State where the claim will be raised), eminently written procedure.
- There are problems concerning the interpretation of the deadlines: the European Regulation calculates the deadlines in calendar days, while in Spain they are calculated in working days.
EUROPEAN ORDER FOR PAYMENT PROCEDURE
Round table on the European Order for Payment Procedure. Speakers: Mr.Enrique Vallines García and Mrs. Cecilia Rosende Villar.
Speaker: Mr. Enrique Vallines García. Professor of Procedural Law. School of Law. Complutense University of Madrid:
- Regulation1896/2006 fights against late payment in the EU. It applies to civil and commercial matters and excludes credits arising from non-contractual obligations.
-Benefits of the Regulation: it includes forms of practical utility, the parties can appear in court without being accompanied by a lawyer or a solicitor and the Regulation introduces a simple procedure. The figure of the Lawyer of the Spanish Justice Administration is highlighted at the time of processing the cases.
- CJEU jurisprudence on the admission of future interest claims is cited. The Regulation also allows for claiming court fees, a matter of special importance for companies.
Speaker: Mrs. Cecilia Rosende Villar. Lawyer at Garrigues Law firm:
- Cross-border creditors are advised to claim in Spain through the European order for payment procedure, as more benefits are obtained: a higher number of forums are available, there are less documentary requirements, the procedure is applicable without a lawyer or solicitor, the appeal is not motivated, the forms of the Regulation are very useful.
- The competent courts in Spain to decide on the issuance of a European Order for payment are the Courts of First Instance (“Juzgados de Primera Instancia”) and not the Courts on commercial matters (“Juzgados de lo Mercantil”).
- Workshop statistics:
- Total number of participants enrolled in the workshop: 40
- Total number of participants that attended the workshop: 28 (70%)
- Composition of the audience according to their academic or professional occupation: students (39,28%); academics (35,71%); lawyers (21,42%);public servants (3,57%).
Picture credits: Samia Benaissa Pedriza
