Two decisive judicial pronouncements for the advancement of mutual recognition of regulation 805/2004
Judgment of the Spanish Constitutional Court 26/2020, 24 February and Girona Provincial Court order 243/2020, 10 June
DOI:
https://doi.org/10.18042/cepc/rdce.68.09Abstract
In this article two judicial pronouncements are analyzed, Judgment of the Spanish Constitutional Court 26/2020, 24 February and Girona Provincial Court Order 243/2020, 10 June, that confirm that a judgment delivered in absentia of the debtor shall be certified as a European Enforcement Order if the Court proceeding in the Member State of origin met the requirements as set out chapter III of Regulation 805/2004. The abolition of any checks in the Member State of enforcement is inextricably linked to and dependent upon the existence of a sufficient guarantee of observance of the rights of the defense. The competent court in the Member State of enforcement may stay the enforcement proceedings while the challenge is resolved in Member State of origin, as it happens in the commented judicial resolutions.
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