2017/3/15 - 20 Cdo 5045/2016 (summary)

Judgement of the Supreme Court dated 15 March 2017, file number 20 Cdo 5045/2016

(european enforcement order, default interest)

The claimant requested satisfaction of a pecuniary claim on the basis of the European Enforcement Order (judgment of the Moedling District Court), including the costs of the litigation and default interest. The Municipal Court in Brno instructed the bailiff to execute the enforcement order with the execution of the assets of the defendant in respect of the amount of the receivable and the costs of the proceedings but to dismiss the claim in respect of the amount of default interest. The court bailiff subsequently justified the refusal by a failure to submit the European Enforcement Order and its attachment, from which the claim for default interest would arise. The Regional Court in Brno affirmed the decision of the court bailiff. The claimant therefore appealed against this judgement.

The Supreme Court found that the Appellate Court's decision was incorrect for the following reasons. Regulation (EC) No 805/2004 does not indicate how the accessories to the claim should be specified in the confirmation of the order. The Regulation provides that the European Enforcement Order must be certified for the costs of court proceedings, including accessories (interest rates). With regard to the primacy of EU law over national law, national law should not, beyond the scope of the Regulation, lay down the conditions for issuing a European Enforcement Order certificate. A confirmation need not contain a specific amount of default interest, provided that this amount results from the European Enforcement Order, which is an integral part of the confirmation. It is necessary to assume that the appendix (in the text "see attachement"), which is referred to in the text of the confirmation, is the European Enforcement Order whose enforceability is certified in the certification. Documents other than the confirmation and the European Enforcement Order (and their translations) do not have to be submitted to the enforcement authority in the State of enforcement.