Técnicas de procesamiento y análisis de datos

The Government's proposal to Parliament (HE 137/2005) for a law on the European Enforcement Order for uncontested claims contained the following provision for the withdrawal procedure (Section 3).

Withdrawal of a European Enforcement Order certificate

If the title certifying a judgment, court settlement or authentic instrument within the meaning of the Regulation as a European Enforcement Order was clearly granted on incorrect grounds, having regard to the requirements laid down in the Regulation, the certificate must be withdrawn by the court or other authority that issued it on receiving an application to this effect.

An application to withdraw a certificate may be made using the standard form in Annex VI to the Regulation. The interested party must be given the opportunity to be heard on the subject of the application unless this is clearly unnecessary.

If possible, the original certificate must be marked as having been withdrawn. If possible the withdrawal of the certificate must be notified to any interested party who has requested a copy of it. If an appeal has been lodged in the case, the withdrawal must be notified to the court of appeal.

The Bill is due to enter into force 21st October 2005.

2. Procedures for review (Art.19 (1))

According to Article 12(1) of the Regulation, Chapter III of the Regulation, which concerns minimum standards, applies to decisions based on the non-appearance of the debtor, as referred to in Article 3(1)(b) and (c). Article 12(2) of the Regulation states that the

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requirements in Chapter III also apply when the decision based on the non-appearance of the debtor is taken in the court of appeal.

When the court has issued a judgment based on the non-appearance of the debtor as referred to in Article 3(1)(b) and (c), the debtor must have the opportunity in the situations referred to in Article 19(1) to obtain a review of the judgment, before it can be certified as a European Enforcement Order. In Finland a judgment in default will follow in the district court if the debtor has made no objection or failed to appear. An appeal against the judgment in default may be lodged under Chapter 12 Section 15 of the Code of Judicial Procedure, within 30 days of the date on which the appellant was notified of it.

As far as application of the appeal provision is concerned, it does not make any difference when the debtor was notified of the judgment in default. If the debtor has not been notified, the period laid down by law for lodging an appeal does not start to run. The provision is broader than the minimum standards laid down in Article 19 of the Regulation. In addition, the provisions on extraordinary appeals in Chapter 31 Section 1 of the Code of Judicial Procedure also apply to a judgment in default. These include complaints about procedural error under Chapter 31 Section 1 and the possibility of reversing a judgment provided for in Section 7 of the same chapter. Section 17 of Chapter 31 contains another provision on setting a new deadline for appeal after the original deadline has expired.

3. Accepted languages (Art. 20(2)(c))

A translation of the European Enforcement Order certificate into Finnish, Swedish or English is acceptable.

4. Authorities designated for the purpose of certifying authentic instruments (Art. 25)

In Finland, the provisions on authentic instruments are applied on the basis of Article 4(3)(b) of the Regulation to maintenance agreements certified or authenticated by the municipal social welfare board. The municipal social welfare board that certified the maintenance agreement will also certify it as a European Enforcement Order.

A list of Finnish municipalities is available in electronic form on the Ministry of Justice website at www.oikeus.fi. Details of Finnish municipalities can be found on the website of the

SWEDEN

1. Procedures for rectification and withdrawal (Art. 10(2))

Certificates may be rectified in accordance with §9 of the Act (2006:74) laying down supplementary provisions on the jurisdiction of courts and recognition and international enforcement of certain decisions (Article 10(1)(a) of the European Enforcement Order Regulation).

Ҥ9 of the Act (2006:74) laying down supplementary provisions on the jurisdiction of courts and recognition and international enforcement of

certain decisions

If, owing to a typing error or such like, a European enforcement order certificate does not correspond to the underlying judgment, official document or underlying decision, the certificate shall be rectified by the court or authority that issued it. Rectification decisions are not open to appeal.”

Certificates may be withdrawn in accordance with §10 of the Act (2006:74) laying down supplementary provisions on the jurisdiction of courts and recognition and international enforcement of certain decisions (Article 10(1)(b) of the European Enforcement Order Regulation).

Ҥ10 of the Act (2006:74) laying down supplementary provisions on the jurisdiction of courts and recognition and international enforcement of

certain decisions.

If a European enforcement order certificate has been issued contrary to the requirements laid down in the European Enforcement Order Regulation, the certificate shall be revoked by the Court or authority that issued it.

If the certificate is revoked, the parties shall, unless unnecessary, have the opportunity to express their views.

Decisions in the matter of revocation are not open to appeal.”

2. Procedures for review (Art.19 (1))

Application for review may be made by appeal in accordance with Chapter 50, §1 of the Code of Judicial Procedure, for reopening in accordance with Chapter 44, §9 of the Code of Judicial Procedure, for reopening in accordance with §52 of the Act (1990:746) on orders to pay and assistance and for extension of a missed deadline in accordance with Chapter 59, §1 of the Code of Judicial Procedure (Article 19 of the European Enforcement Order Regulation).

“Chapter 50, §1 of the Code of Judicial Procedure

A party desiring to appeal from a district court judgment in a civil case shall do so in writing. The appeal paper shall be delivered to the district court. It shall have been received by the court within three weeks from the pronouncement of the judgment.

A party against whom a judgment by default has been entered may apply for reopening of the case at the court in which the action was instituted within one month from the date on which the judgment was served upon him. If reopening is not applied for, the judgment may not be attacked to the extent that it is against the party in default.

An application for reopening shall be submitted in writing. If the default judgment was entered during the preparation, the application ought to contain everything necessary to complete the preparation by the applicant.

Chapter 58, §11 of the Code of Judicial Procedure

If a person has missed the time applicable to appeal against a judgment or decision or for reopening or reinstatement, and if he had legal excuse, on application by him the expired time may be restored.

Chapter 59, §1 of the Code of Judicial Procedure

A judgment that has entered into final force shall be set aside for grave procedural errors on appeal by the person whose legal rights the judgment concerns:

1. if the case was entertained although a procedural impediment existed that a superior court is obliged to notice on its own volition,

2. if the judgment was given against someone who was not properly summoned nor did appear in the case, or if the rights of a person who was not a party to the action are adversely affected by the judgment,

3. if the judgment is so vague or incomplete that the court's adjudication on the merits cannot be ascertained therefrom, or

4. if another grave procedural error occurred in the course of the proceedings that can be assumed to have affected the outcome of the case.

A complaint concerning a miscarriage of justice as referred to in the foregoing subparagraph 4 based on a circumstance not previously adduced in the case shall be dismissed unless the complainant can show that he was prevented from adducing the circumstance in the course of the proceedings or had otherwise due cause not to do so.

§52 of the Act (1990:746) on orders to pay and assistance

If the respondent is dissatisfied with the judgment of a case concerning an order to pay or ordinary assistance, he may request a reopening of the proceedings.”

3. Accepted languages (Art. 20(2)(c))

We accept the following languages for the completion of the certificate: Swedish and English.

4. Authorities designated for the purpose of certifying authentic instruments (Art. 25)

If a Swedish Social Welfare Board (Socialnämnd) has issued an authentic instrument, it can also certify the instrument as a European Enforcement Order.

UNITED KINGDOM