This book focuses on preventive security arrangements and precautionary
measures that offer creditors the widest possible assurance of obtaining an
enforceable cross border title of execution and recovering claims in the event
of non-payment by the debtor – all while adhering closely to such guiding
principles as efficiency, legal certainty, predictability, and the
establishment of a proper balance between the interests of the claimant and
the defendant. The author pays close attention to relevant factors as the
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;
grounds of non-recognition or refusal and other obstacles to enforcement or
periods of limitation;
enforcement of a contested claim;
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
disqualification orders for non-serious or illegal business activity.
The analysis considers the provisions of applicable legal instruments,
including 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 law and conventions on
insolvency. Case law at every level, including ECHR and ECJ case law, is drawn
No other work on the cross border enforcement of contractual money law claims
and tax law claims in the EU has anything like the depth and breadth of this
History and Legal Developments.
Enforcement and Recovery Agents.
Public International Law.
Scope of Application of European Community Law and Conventions.
Procedures in European Community Law and Conventions.
Harmonization of Civil Execution Laws.