Application Area and procedure of the European non-declaration Enforcement Procedure
2 of this charter. As stated in the article, AIIU finds the ability to apply only in legal and commercial transboundary work. But here, the type of judgment does not matter. So it doesn’t matter if it’s a general court or an employment tribunal.
Cross-border legal issues exist if the settlement or habitual residence of at least one of the parties is in a member state other than the country in which the court is located (AIIT m. 3, I). 59 and 60 of the Charter of the Council of the European Union on the authority of Courts in legal and Commercial Affairs and the recognition and enforcement of court decisions. AIIT m. 3 is determined according to ii. AIIT does not find a field of practice on purely national legal matters
In terms of transboundary legal and commercial affairs, many exceptions are provided for that Aiit will not be implemented (m. 2, II). These are issues related to marital property regime, inheritance law, bankruptcy and incapacity liquidation, Social Security Law. In principle, only claims arising from contractual debt relationships remain within the scope of the Charter. For claims arising from non-contractual debt relations, the European decommissioning procedure applies only if it is the subject of a contract or debt acceptance between the parties or is caused by joint ownership of real estate.
A limitation is also 4.brought with matter. In accordance with this article, AIIU is only a certain amount and can be operated for a receivable muaccel at the time of application.
AIIT m. 6, the international authority of the executive Court in accordance with I is determined in principle by its provisions. 2 of the Charter of the Council of the European Union on the authority of Courts in legal and Commercial Affairs and the recognition and enforcement of court decisions. in accordance with the first paragraph of the article, the courts of the member state are authorized in respect of proceedings against a person whose settlement is within the sovereignty area of one of the member states, regardless of his or her citizenship status. But m. 3, I’s m. It can also be concluded that another court is competent because of its submission to 5-24 (for example, the place of execution of a contract, the place of the two of the torts). If the alleged claim arises from a contract and the debtor of the contract is also a consumer, then only the courts of the member country where the consumer is located are considered to have international authority (AIIT m. 6, II). This regulation serves consumer protection. The consumer cannot be forced to defend himself before the court of another member state.
The substantive, local and functional authority of the executive Court is not regulated in the Aiit. Therefore, these powers are determined according to the National Law of the member states whose courts have international authority.
APPLICATION FORM AND PROCEDURE
The European execution procedure without an application begins only upon application. For application, it is necessary to use the example-a (AXXEN-1) form contained in the October annex to the European executive regulation without a declaration (AIIT m. 7, I). The application must be signed. There is no obligation to hire a lawyer to apply (AIIT m. 24). AIIT m. 7, in accordance with IV, the creditor may explain that in the application he has made against the court, he has refused to transfer the execution without an application to the general court in case of the debtor’s objection. But he can also make this statement later until the payment order is issued.
AIIT m, which consists of mandatory elements that must apply. 7, mentioned in II.
Accordingly, the applicant must, inter alia, provide the following information:
Amount you will receive (actual receivables, interest, contract penalties and expenses),
Information about the event in which the claim is retained and the subject of dispute,
What is the evidence that serves to determine the existence of what you will receive? There is no need to add evidence (e.g. promissory notes).
The creditor must also declare that he has accepted the sanctions stipulated in the law of the member state of origin for disclosing the information he has as much as he can and deliberately providing incorrect information (AIIT m. 7, III).
Aiit does not require the application to be made in a specific language. For this reason, the issue of which language the application should be made will be determined in accordance with the national laws of the member state.
When applying for the issuance of a European Payment Order, court costs determined by the laws of the member state must also be paid (AIIT general justification m.15)
EXAMINATION OF THE APPLICATION
The court referred to for the path of execution without a warrant shall determine whether the application falls within the scope of the regulation of Aiit, whether it is authorized and whether AIIT m. Examines whether the shape conditions stipulated in 7 have been met (AIIT m. 8). The court also heard whether the request appeared to be justified (AIIT m. 8, c. 1) examines. This makes it possible for the court to examine whether the request is justified (AIIT general justification m. 16, c. 2).
DECISIONS THAT THE COURT MAY LIKELY MAKE
Provision Of Correctional Facilities
If the application AIIT m. If it does not meet all the requirements for the shape and content listed in 7, AIIT m. 9, provided for a special correction procedure. Accordingly, the executive Court cannot immediately reject the application. On the contrary, it allows the creditor to complete or correct his application within an appropriate period of time. Correction is again done with printed forms. For this, the court uses example-b (ANNEX-2) in the October Annex.
Invitation To Change The Application
If the application conditions are met only for part of the claim put forward, the court shall notify the creditor of this. For this, the example-C (ANNEX-3) contained in the Aiit October is used (AIIT m. 10, I). The executive Court asks the creditor to accept or reject the partial amount shown in the payment order. The creditor gives his answer by sending the printed form back to the court within the period appointed by the court. If the creditor accepts the court’s proposal, the court issues a European Payment order based on the amount accepted by the creditor. The fate of the remainder of the request shall be determined according to the law of the member state. In contrast, if the creditor refuses or does not respond to the court’s invitation, the court completely rejects the request for a European Payment Order (AIIT m. 10, III). The creditor is informed about this legal result with the example-C sent to him. (AIIT m. 10, i, c. 2).
Rejection Of Application
AIIT m. If the conditions listed in 2, 3, 4, 6 and 7 (area of application, international authority, form and content of the application) are not met when applying, the court rejects the request for the issuance of a European Payment Order (AIIT m. 11, i, c. 1 / a). If the claim is clearly unfair, or the creditor does not make the necessary correction within the appointed period, or the application is rejected. The creditor is informed of the reasons for the refusal by example D (ANNEX-4) in accordance with October IV.
There is no law against the decision to reject the application (AIIT m. 11, II). In contrast, if national law provides for a path of control within the same degree of jurisdiction, this path may be applied. For example, if it is rejected by a German court, there is a way to control it. In German courts, the decision is made by the Associate Justice Officer. Against this is the Associate Justice Officer Act m. 11, may be contested within 2 weeks under II. The Associate Justice can accept the objection; if he does not, he presents the file to the judge (Court of First Instance) for decision. The judge decides the objection definitively.
European Payment Order Issue
As a result of the examination of the application, depending on the situation, AIIT m. After completion, correction or modification of the application in accordance with 9, 10, the application,
If Europe falls within the application area of the execution procedure without an application,
If the court is authorized,
If the application has the necessary conditions as form and content,
If the claim put forward does not appear to be clearly unfair,
Court issues European Payment Order (AIIT m. 12, i, c. 1). The decision on the payment order is made as quickly as possible and, as a rule, within 30 days of filing the application. The amount of time the creditor needs to correct or modify the application is not included in this deadline (AIIT m. 12, i, c. 2). For the European Payment order, the example-e (AXXEN-5) in the October Annex is used.
LEGAL MEANS THAT THE BORROWER CAN APPLY
Appeal Against European Payment Order
Indebted, AIIT m. 16, may appeal against the payment order before the court of origin under I. The appeal must be made within a period of 30 days from the notification of the payment order. The term is also retained if the appeal is submitted within its term.
The procedure of execution without an application on a duly made appeal within the period of time automatically becomes a normal case before the court of the member state of origin. No special request is required for this. But a different procedure may be provided for in the domestic law of the country in which the competent court is located.
Review In Exceptional Cases
This legal remedy is only permissible in three exceptional cases:
AIIT m. 14 if the notification made in accordance with it was made without proof that the borrower had received it, and this notification was not made at a time when the borrower would need to be able to defend it, without fault
If the debtor cannot make an appeal without his fault due to force majeure or extraordinary circumstances,
If the European Payment Order has been issued as clearly unfair in accordance with the conditions set out in the Aitt or in other emergency situations (AITT m. 20, II). An example of these emergencies is the fact that the European Payment Order is based on erroneous information written on the application form.
There are two possibilities for the content of the decision on the control request: if AIIT m. 20, I, II the application is rejected if the conditions necessary for the control, which are considered exceptional in accordance with, do not exist. In this case, the European Payment Order remains valid (AIIT m. 20, III, c. 1).
AITT= Judgement of European Enforcement Procedure Without Warrant