Regulation (EC) No 805/2004 of the European Parliament and of the CouncilShow full title

Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims

Article 4U.K.Definitions

For the purposes of this Regulation, the following definitions shall apply:

1.

‘judgment’: any judgment given by a court or tribunal of a Member State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court;

2.

‘claim’: a claim for payment of a specific sum of money that has fallen due or for which the due date is indicated in the judgment, court settlement or authentic instrument;

3.

‘authentic instrument’:

(a)

a document which has been formally drawn up or registered as an authentic instrument, and the authenticity of which:

(i)

relates to the signature and the content of the instrument; and

(ii)

has been established by a public authority or other authority empowered for that purpose by the Member State in which it originates;

or

(b)

an arrangement relating to maintenance obligations concluded with administrative authorities or authenticated by them;

4.

‘Member State of origin’: the Member State in which the judgment has been given, the court settlement has been approved or concluded or the authentic instrument has been drawn up or registered, and is to be certified as a European Enforcement Order;

5.

‘Member State of enforcement’: the Member State in which enforcement of the judgment, court settlement or authentic instrument certified as a European Enforcement Order is sought;

6.

‘court of origin’: the court or tribunal seised of the proceedings at the time of fulfilment of the conditions set out in Article 3(1)(a), (b) or (c);

7.

in Sweden, in summary proceedings concerning orders to pay (betalningsföreläggande), the expression ‘court’ includes the Swedish enforcement service (kronofogdemyndighet).