DISPUTE RESOLUTION AND INJUNCTION

The current economic situation in Europe makes it essential to evaluate and identify the quickest and least costly strategy to resolve an agreement and to recover credits.

For these reasons, the actions for debt recovery must first of all involve the collection of all the elements that make up the credit, in order to be able to assess how to intervene, taking into account the economic-financial situation of the debtor, the reasons for which the latter has ceased to pay as well as commercial relations with the debtor.

In any case, the first step is to send a formal notice to the debtor, with the intent of obtaining, rather through an installment payment, the spontaneous payment of what due.

Where, however, such a warning should be unsuccessful, you have to judicially obtain an enforceable title against the debtor in order to proceed with the forced execution on the assets owned by him or on the claims he owns toward third parties. 

 

The ” Référé provision ” procedure, with reference to credits against French counterparties, constitutes a rapid procedure for the recovery of uncontested claims, typical of the French legal system.

In fact, it usually opens and closes in a single hearing, during which, in the absence of a ” contestation réelle et sérieuse ” (no challenge) by the debtor, a provisionally enforceable payment order is issued against the debtor.

A similar procedure is also found in the Belgian law. Again, in the event that the claim is not contested, the creditor obtains, at the first hearing, a provisional “order to pay, allowing him to initiate the proceedings against the debtor. 

 

 

The procedure for the recognition of foreign judgments of European Courts is no longer necessary: ​​the sentence will be automatically recognized without the need for an “exequatur”.  The Regulation (EU) No. 12/15/2012, also known as the Brussels Regulation I bis, has already entered into force. 

This new provision abolishes the “exequatur”, ie the procedure by which those in possession of an enforceable title issued in a EU country, were to request the Court of Appeals to recognize its compliance (as previously provided by regulation 44/2001 ). 

The sentences issued in a European Court after January 10, 2015 are automatically enforceable in our country, without the need for further procedural formalities and viceversa. The only formality that is requested of the plaintiff is to obtain a “European” certificate from the judge who issued the sentence, in order to grant the title enforceability in any EU state, without the need for more procedures and further judicial delays.

 

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