European monographs, Cross-Border Enforcement of Claims in the EU

In the legal areas of contractual claims and tax claims, various requirements exist in EU
law and in applicable conventions for the recognition and enforceability of foreign titles of
execution, judgments and decisions. Besides the requirements that a foreign title of execution
should fall under its particular scope of application, territorial scope, scope of claims, and scope
in time, there are often additional requirements and limitations that give rise to possibilities and
restrictions, and play an important role in determining the enforceability or non-enforceability
of claims. Consequently, an early analysis related to these provisions is a crucial step in
assessing the possibility of success or risk of failure.

Also, this book focuses on preventive security arrangements and precautionary measures
that offer the creditors the widest possible assurance of obtaining an enforceable cross-border
title of execution and recovering claims in the event of non-payment by the debtor – all while
adhering closely to such guiding principles as efficiency, legal certainty, predictability, and the
establishment of a proper balance between the interests of the claimant and the defendant.
The author pays close attention to relevant factors as the following:
– the debtor’s privacy interest, the creditor’s efficiency interest, legal principles of
non-discrimination, proportionality, territoriality, universality, and mutuality;
– the legal historical background aimed at facilitating an understanding of the developments
resulting in the present legal solutions;
– the role of regulated enforcement and recovery agents;
– a foreign State’s immunity against civil execution measures;
– recognition and enforceability of titles of execution;
– grounds of non-recognition or refusal and other obstacles to enforcement or recovery and
interim measures;
– periods of limitation and the enforcement of a contested claim;
– appeals, costs, repayment and referral provisions to national laws;
– access to information for enforcement purposes in the international context;
– the possible alternative to cross-border enforcement of claims, international insolvency.

The analysis considers the provisions of applicable EU law and Conventions in the areas of the enforcement of contractual claims, maintenance claims in family matters, the recovery of tax and social security claims and claims related to criminal matters and on insolvency. Case law of the ECHR and the ECJ is drawn on liberally.

No other work on the cross-border enforcement of contractual money law claims and tax
law claims in the EU has anything like the depth and breadth of this analysis. It will be of
great value and utility to practitioners, policy makers and academics not only for its deeply
enlightening synthesis of detail, but also for its recommendations on possible reforms.