Subjects:

Conflict of Laws

Contents:

PART I: THE EUROPEAN UNION FRAMEWORK

1. Introduction

2. Background to the Tampere Summit

PART II: THE ENFORCEMENT INFRASTRUCTURE

3. Structural Differences Between Systems of Civil Procedure

4. Information About the Debtor

5. Provisional and Protective Measures

6. Service of Documents

7. Procedure for Exequatur

PART III: TRANSFRONTIER EXECUTION OF JUDGMENTS

8. Garnishment

9. Non-money Judgments

10. Conclusions

APPENDICES

Appendix A Tampere: Presidency Conclusions

Appendix B Article K TEU

Appendix C Title IV EC Treaty

Appendix D Commission Communication of 26 November 1997 (COM(97) 609)

Appendix E Joint Action on the Creation of a European Judicial Network

Appendix F International Law Association Principles on Provisional and Protective Measures in International Litigation

Appendix G Regulation on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters

The idea of a European Judicial Area has gathered force since the negotiation of the Amsterdam Treaty amending the TEU and conferring competence on the European Community in relation to measures of 'judicial cooperation'. One of the areas targeted for rapid attention is improvement in the recognition and enforcement of civil judgments in Europe - with plans for the mutual recognition of judgments.;This book (i) explains the significance of the fact that judicial cooperation now falls within the EC Treaty; (ii) sets out the background of measures and proposals which will form the basis for further work by the European Commission in developing legislative proposals; (iii) compares the enforcement frameworks of selected national laws (England, Germany, France, Sweden, Spain); (iv) examines in detail the existing position in relation to key enforcement issues (obtaining information about a debtor's assets, provisional and protective measures, service of documents, exequatur, transfrontier garnishee orders and the transfrontier enforcement of injunctions) under the selected national laws and European/international instruments; and (v) assesses the scope for improvements in collaboration between Member States and the obstacles that may impede harmonisation. The book will provide an invaluable source of reference for practitioners and policy-makers, and will also be of assistance as a starting point for those who want to engage in further comparative research on the topics covered.